IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.40590 of 2010
MD.HAZRAT, S/o Md. Majnum alias Md. Majnu, R/o Vill.+P.S.-
Garhapura, District - Begusarai
Versus
STATE OF BIHAR
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3 11.03.2011 Heard learned counsel for the petitioner and Sri A.M.P.
Mehta, learned Additional Public Prosecutor.
The petitioner, who is in custody in Garhapura P.S. Case
No. 50 of 2010, for the offence under Section 376 of the Indian Penal
Code, has prayed for grant of bail.
Learned counsel for the petitioner submits that though in the
F.I.R. the informant had alleged that she was raped by the petitioner,
medical examination report does not support the allegation. It was
further submitted that there is no consistency in the statement of persons
who were examined under Section 161 of the Code of Criminal
Procedure during investigation.
Learned Additional Public Prosecutor, though has opposed
the prayer for bail but he does not dispute that there is inconsistency in
the statement.
In view of the facts and circumstances, let the petitioner,
Md. Hazrat, be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Begusarai, in
connection with Garhapura P.S. Case No. 50 of 2010.
(Rakesh Kumar, J.)
Praful