High Court Patna High Court - Orders

Md.Mushahid @ Md.Mushajit vs State Of Bihar on 20 September, 2010

Patna High Court – Orders
Md.Mushahid @ Md.Mushajit vs State Of Bihar on 20 September, 2010
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.33367 of 2010
                    MD.MUSHAHID @ MD.MUSHAJIT
                                 Versus
                           STATE OF BIHAR
                                -----------

02. 20.09.2010 Petitioner is languishing in jail since 03.05.2010

in a case registered under Sections 365, 366A of the I.P.C.

It is alleged against the petitioner that he

enticed away the victim and thereafter forcefully

established physical relationship.

The opening line of the statement of victim

under Section 164 Cr.P.C. suggests that she went in the

company of the accused persons of her own. Though it is

alleged by the victim that forceful relationship was

established for sometime and thereafter the victim was

allowed to go home. The medical report does not suggest

any forceful physical relationship.

Considering the 164 Cr.P.C. statement of the

victim and the medical report, let the petitioner namely

Md. Mushahid @ Md. Mushajit, be released on bail on

furnishing bail bond of Rs. 10,000/-(ten thousand) with

two sureties of the like amount each to the satisfaction of

Chief Judicial Magistrate, Araria in connection with

Araria P.S. Case No. 179 of 2010.

( Dinesh Kumar Singh, J.)
Shageer