IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21316 of 2011
Md. Tousif, S/O-Md. Karim
Versus
The State Of Bihar
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03 12.09.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is in jail custody since 28.01.2011 in a
case registered under Sections 373/34 of the Indian Penal Code.
There is allegation against this petitioner that he
along with other two accused persons committed rape on the
informant one by one.
The contention of learned counsel for the petitioner
is that, as a matter of fact, some altercation had taken place on the
alleged date of occurrence between informant and the petitioner
but at the behest of enemies of the petitioner, the informant
lodged this false case. It is further contended by her that it is very
surprising that three persons committed rape on the informant but
no injury was found on her person in course of her medical
examination which is evident from perusal of Annexure-2 to this
petition.
Considering the aforesaid facts and circumstances
as well as submissions of the parties, particularly, keeping in
mind that subsequently, informant and her other family members
filed petitions before the court below exonerating the petitioner
from the alleged crime, let the petitioner be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
2
sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Araria in connection with Araria (Tarabari)
P.S. Case No. 458 of 2010
SHAHZAD ( Hemant Kumar Srivastava, J.)