Md. Dulare vs State Of Bihar on 8 October, 2010

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.33644 of 2010
                                      MD. DULARE
                                          Versus
                                   STATE OF BIHAR
                                        -----------

2 08.10.2010 Heard learned counsel appearing on behalf

of the petitioner and the learned counsel

appearing on behalf of the State.

Petitioner is in custody in connection

with Khodawandpur P.S. Case No.84 of 2009 for

the offence punishable under Sections 376, 420,

120(B), 380, 323, 504/34 of the Indian Penal

Code.

The present case arises out of Complaint

which was subsequently registered as an F.I.R.

under Section 156(3) of the Code of Criminal

Procedure.

Learned counsel for the petitioner with

reference to the petition placed at Annexure-2

of the application submits that the victim girl

herself has admitted that no such event has

taken place. He further submits that even

accepting allegation on face value no case

under Section 376 is made out against the

petitioner as it would be a case of consenting

relationship for the reason that the victim

girl is aged about 23 years.

2

               Taking           into              consideration               the

          circumstances        and     the        submissions          of    the

learned counsel, let the petitioner namely, Md.

Dulare, in the event of arrest or surrender

within four weeks from the date of

receipt/production of a copy of this order

before the Court below, be released on bail on

furnishing bail bonds of Rs.10,000/- (ten

thousand) with two sureties of the like amount

each to the satisfaction of the Chief Judicial

Magistrate, Begusarai in connection with

Khodawandpur P.S. Case No.84 of 2009 subject to

the conditions stipulated in Section 438(2) of

Code of Criminal Procedure.

(Jyoti Saran, J.)

Bibhash