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Patna High CourtCR. MISC./60174/2019bail granted

Mofijuddin v. The State Of Bihar

2019-09-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60174 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- AMDABAD District- Katihar ====================================================== Mofijuddin Son of Najrul Haque Resident of Village - Ghera Gaon, Nefru Tola, P.S.- Amdabad, Dist.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 376 of the Indian Penal Code. The statement in the FIR would reveal that the victim was a major and a consenting party to the physical relation with the petitioner, for the purpose of consideration of this application for bail.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Amdabad P.S. Case No.107 of 2019, with following conditions:

Patna High Court CR. MISC. No.60174 of 2019(2) dt.30-09-2019 2/2 (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T