Shakil Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74329 of 2023 Arising Out of PS. Case No.-261 Year-2023 Thana- JOKIHAT District- Araria ====================================================== Shakil Alam Son of Md. Samid Resident of Girda Ward No.- 14, P.S.- Jokihat, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the State :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and Mr. Pawan Kumar Chaurasia, learned APP for the State.

2. The petitioner seeks bail in connection with Jokihaat P.S. Case No. 261 of 2023 registered for the offence punishable under Sections 341, 323, 376, 307, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have committed rape upon a blind and handicapped woman.

4. It has been submitted by learned counsel for the petitioner that the alleged offence was committed on 03.06.2023 but in the medical report, no injury of rape or ante-mortem injury has been found. He also submits that the parties have settled the dispute and the petitioner is in jail since 19.08.2023.

5. Learned APP appearing for the State opposes the

Patna High Court CR. MISC. No.74329 of 2023(2) dt.29-11-2023 2/2 prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Jokihaat P.S. Case No. 261 of 2023. (Sandeep Kumar, J) P. Kumar U T