Patna High CourtCR. MISC./59428/2018bail granted

Md. Iliyas v. The State Of Bihar

2018-10-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59428 of 2018 Arising Out of PS.Case No. -258 Year- 2017 Thana -LAUKAHA District- MADHUBANI ====================================================== Md. Iliyas, son of Md. Taslim @ Taslim Mansuri, resident of VillageBanarjhuli (Bandarjhuli), P.S. Laukaha, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate Mr. Rohit Kumar, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Laukaha P.S. Case No.258 of 2017 corresponding to G.R. No.1600 of 2017 instituted for the offence under Section(s) 341, 323, 376 and 147 Indian Penal Code.

Counsel for the petitioner submits that petitioner is in custody since 16.05.2018. The police after investigation has submitted charge-sheet under Section 354(B) of Indian Penal Code.

In the written, the informant has alleged that petitioner has committed illegal act with her. The victim girl has given her statement under Section 164 of Cr.P.C., wherein, she

Patna High Court Cr.Misc. No.59428 of 2018 (2) dt.05-10-2018 2/2 has stated that the petitioner has committed illegal act with her. The medical report is available in the case diary, wherein, doctor has not found any external or internal injury on the private part of the victim. The Doctor has not found any sign of rape at the time of examination.

Petitioner is said to be in custody since 16.05.2018. In the facts and circumstances of the case, prayer of the petitioner for grant of bail 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 the Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani, in connection with Laukaha P.S. Case No.258 of 2017 corresponding to G.R. No.1600 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- Rohit Kr.

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