IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.279 of 2011
1. Mohd. Khalik Ansari s/o Mohd. Janant Hushain.
2. Mohd. Mahtab Alam s/o Mohd. Mustafa.
Both resident of village- Koran Dihari Tola, P.S.- Sahar,
District- Bhojpur, Ara.
....Appellants
Versus
The State Of Bihar ..... Respodnent.
with
CR. APP (DB) No.379 of 2011
Phula Devi d/o Munari Paswan, resident of village- Karan Dihari,
P.S. Sahar, District- Bhojpur.
......Appellant
Versus
The State Of Bihar ...... Respodnent.
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3 21/07/2011 Heard learned counsel for the appellants and the State.
In respect of appellants Mohd. Khalik Ansari and Mohd.
Mahtab Alam, it is submitted that there is no legal evidence of rape
rather the medical evidence belies the allegation. It is only an inference
that is being drawn that the deceased must have been raped before being
killed.
So far as appellant-Phula Devi is concerned, it is submitted
that there is no evidence against her.
Heard the parties.
In our view so far as two appellants, namely, Mohd. Khalik
Ansari and Mohd. Mahtab Alam are concerned, they have not been
found guilty under Section 302 of the Indian Penal Code or abatement
thereof.
Considering the evidence on record, let appellants, namely,
Mohd. Khalik Ansari and Mohd. Mahtab Alam in Cr. Appeal (DB) No.
-2-
279 of 2011 be released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) each with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-1, Bhojpur, Ara, in
Sessions Trial no. 612 of 2007.
So far as appellant-Phula Devi ,in Cr. Appeal (DB) No. 379
of 2011, is concerned, from the evidence it is clear that she had called
the deceased where after she was also seen running nude. Deceased was
also found nude with cut her neck, which led to her death causing
excess bleeding .
In that view of the matter, even though appellant-Phula Devi
is in custody for about four and a half years in custody, we are not
inclined to enlarge the appellant on bail . Accordingly, the prayer for
bail of the appellant is rejected for the present.
singh (Navaniti Prasad Singh,J)
(Ashwani Kumar Singh,J)