Md. Anwarul v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31928 of 2018 Arising Out of PS.Case No. -302 Year- 2017 Thana -KADWA District- KATIHAR ======================================================

1. Md. Anwarul son of Md. Usman resident of village - Rasulpur, Police Station - Balia Balon, District - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Masum daughter of Late Tukaru resident of Khendabari, police station - Balia Belon, District - Katihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 341/323/376/506 of the Indian Penal Code.

The FIR would reveal that petitioner ravished to the informant. The doctor did not find any sign of rape on examination of the victim; rather the doctor is specific that hymen was intact. The informant has also filed a petition before the learned Court-below at Annexure-4 that the petitioner has committed nothing against her.

Considering the aforesaid material, let the

Patna High Court Cr.Misc. No.31928 of 2018 (4) dt.14-08-2018 P2/ 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 Kadwa (Balia Belon) P.S. Case No.302 of 2017, with following conditions: (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