Patna High CourtCR. MISC./26938/2017bail granted

Md. Ataur Rahman @ Ataur Rahman v. The State Of Bihar

2017-07-04Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26938 of 2017 Arising Out of PS.Case No. -47 Year- 2017 Thana -RAUTRA District- KATIHAR ======================================================

1. MD. ATAUR RAHMAN @ ATAUR RAHMAN Son of Late Md. Ainul Haque Resident of Village- Maltipur, P.S. Amdabad, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 19.04.2017 in a case registered for offences punishable under Section 376 of the Indian Penal Code.

The prosecution case as lodged by the informant is that his sister namely, Asnoor Khatoon has been raped by the petitioner, who is a teacher.

It has been submitted by the learned counsel for the petitioner that he is innocent and the victim girl is a major and in her statement recorded under Section 164 of Cr. P. C., has stated that both the petitioner and the victim wants to marry each other and a compromise has been reached between both the parties,

Patna High Court Cr.Misc. No.26938 of 2017 (2) dt.04-07-2017 2/2 which is Annexure-3 of this application. As per para-3 of this application, the petitioner has no criminal history. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstance of the case and materials on record, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st class, Katihar in connection with Rautara P. S. Case No. 47 of 2017.

(Nilu Agrawal, J) Sudha/- U T