IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33367 of 2010
MD.MUSHAHID @ MD.MUSHAJIT
Versus
STATE OF BIHAR
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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