IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.934 of 2010
EQUEBAL KHAN @ EQUBAL AHMAD
Versus
STATE OF BIHAR
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7. 4.3.2011 Heard Shri Arshad Alam, learned counsel for the
appellant and Shri Ajay Mishra, learned A.P.P. for the State on
I.A. No. 2299 of 2010 by which the appellant has made a prayer
for bail after admission of the appeal and on receipt of the lower
court records. No prayer for bail was earlier made by the
appellant.
The allegation, as per the informant Urmila Kuer,
is that this appellant forcibly committed sexual assault on her.
The circumstances galore indicate that things might have been
otherwise. The evidence of P.W. 10, the informant, indicates that
when the appellant was dragging her into a different house her
bangles were broken and she received injuries. The Doctor did
not find any abrasion or even a scratch on her person. The
lower court marked three documents as exhibits and those were
the documents indicating that the informant had filed three cases
of the same class and nature against three persons. Considering
these circumstances, the prayer for bail of the appellant is
allowed.
Let the appellant, Equebal Khan alias Equebal
Ahmad be directed to be released, during pendency of this
appeal, on furnishing a bond of Rs. 10,000/-( ten thousand) with
two sureties of the like amount each to the satisfaction of the
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trial court, i.e., Additional Sessions Judge Ist, Rohtas at
Sasaram, in Sessions Trial No. 120 of 2005.
As regards sentence of fine, the same shall remain
stayed till further orders.
Kanth ( Dharnidhar Jha, J.)