Md. Mumtaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49794 of 2018 Arising Out of PS.Case No. -136 Year- 2018 Thana -CHAUSA District- MADHEPURA ====================================================== Md. Mumtaj, S/o Md. Siraj @ Siraj, Resident of Village- Dabru Tola, Basaitha, P.S. Chausa, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha, Advocate. For the Opposite Party/s : Smt. Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Chausa P.S. Case No. 136 of 2018 instituted for the offence under Section 376 of the Indian Penal Code.

In the written report it is alleged by father of the informant that his daughter was raped by the petitioner while she was alone in the house.

The statement of victim girl recorded under Section 164 Cr. P.C. has been enclosed as Annexure-2 wherein she has not taken the name of petitioner. She has stated in her statement recorded under Section 164 Cr. P.C. that one unknown person had come in her house and committed illegal act with her. Petitioner is said to be in custody since 6.6.2018.

Patna High Court Cr.Misc. No.49794 of 2018 (2) dt.01-10-2018 2/2 Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishunganj at Madhepura, in connection with Chausa P.S. Case No. 136 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T