IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) NO.715 OF 2011
1. AJAY MUSHAR SON OF LATE HARIHAR MUSAHAR
2. SANJAY MUSAHAR SON OF MUNSHI MUSAHAR
BOTH R/O VILLAGE- PAWAI, P.S.- MUFFASSIL, DISTRICT-
AURANGABAD
VERSUS
THE STATE OF BIHAR
----------------------------------
3 08/11/2011 This matter has been placed for
consideration of prayer for bail of the appellants after
receipt of the lower court records.
Though the appellants have been convicted
under sections 396 and 376 (2) (g) of the Indian Penal
Code but considering the fact that initially the first
information report was not instituted under section
376 IPC moreover the medical report of the rape
victim- PW 6 has not been brought on record coupled
with the fact that the deceased received only two
injuries when the allegation of assault is against five
persons and above and the appellants are in custody
since 11.6.2002, let the appellants named above,
during the pendency of this appeal be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount
each to the satisfaction of Sri Jagdish Prasad Mishra,
Additional Sessions Judge, F.T.C. No. III/his
2
successor Court, Aurangabad in Sessions Trial No.
320 of 2002/122 of 2010.
(Shyam Kishore Sharma, J.)
(Dinesh Kumar Singh, J.)
avin