High Court Patna High Court - Orders

Md. Tousif vs The State Of Bihar on 12 September, 2011

Patna High Court – Orders
Md. Tousif vs The State Of Bihar on 12 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.21316 of 2011
                                 Md. Tousif, S/O-Md. Karim
                                           Versus
                                   The State Of Bihar
                                         -----------

03 12.09.2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State.

Petitioner is in jail custody since 28.01.2011 in a

case registered under Sections 373/34 of the Indian Penal Code.

There is allegation against this petitioner that he

along with other two accused persons committed rape on the

informant one by one.

The contention of learned counsel for the petitioner

is that, as a matter of fact, some altercation had taken place on the

alleged date of occurrence between informant and the petitioner

but at the behest of enemies of the petitioner, the informant

lodged this false case. It is further contended by her that it is very

surprising that three persons committed rape on the informant but

no injury was found on her person in course of her medical

examination which is evident from perusal of Annexure-2 to this

petition.

Considering the aforesaid facts and circumstances

as well as submissions of the parties, particularly, keeping in

mind that subsequently, informant and her other family members

filed petitions before the court below exonerating the petitioner

from the alleged crime, let the petitioner be released on bail on

furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
2

sureties of the like amount each to the satisfaction of Chief

Judicial Magistrate, Araria in connection with Araria (Tarabari)

P.S. Case No. 458 of 2010

SHAHZAD ( Hemant Kumar Srivastava, J.)