Md. Rakib And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.4298 of 2015 (2) dt.02-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4298 of 2015 Arising Out of PS.Case No. -193 Year- 2014 Thana -BIRPUR District- SUPAUL ================================================= =====

1. Md. Rakib, son of Md. Ayub @ Mir Ayub

2. Md. Firoj, son of Md. Harun.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ================================================= ===== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : M/s. Gulnar Begum(App) ================================================= ===== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 26.11.2014 in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.

The statement of victim has been recorded under Section 164 of the Cr.P.C. and in the said statement she specifically stated that intoxicated sweet was offered to her and after that she became unconscious. Furthermore, she stated that when she regained her consciousness, she found herself at Delhi and only co-accused, Sairul was present with her. Although, the victim stated that petitioners were also

Patna High Court Cr.Misc. No.4298 of 2015 (2) dt.02-02-2015 present at the time of providing intoxicated sweet and they got her boarded in a train but taking the totality of statement of the victim, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Birpur, Supaul in connection with Birpur (Balua Bazar) P.S. Case No. 193 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T