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Md. Maksood & Ors vs State Of Bihar & Anr on 20 April, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23683 of 2018
Arising Out of PS.Case No. -110 Year- 2015 Thana -M ADHEPURA COM PALINT CASE District-
MADHEPURA

1. Md. Maksood, Son of Md. Alam, Resident of Village- Chanda Kabir
Tola,
2. Md. Kitabool @ Ketabul, Son of Md. Najam @ Nejam,
3. Md. Rustam, Son of Late Md. Wasir,
4. Md. Nousad, Son of Md. Najam @ Nejam, All three are resident of
Village- Dabru, Tola- Basaitha, Ward No.05, All of P.S.- Chousa, District-
Madhepura.

…. …. Petitioners
Versus
1. The State of Bihar.
2. Bibi Javina Khatoon, Wife of Md. Azad, Resident of Village- Chanda,
Post- Kheraho, P.S.- Puraini, District- Madhepura.

…. …. Opposite Parties

Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh
For the Opposite Party/s : Mr. Md. Sufiyan

CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER

2 20-04-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with

Complaint Case No. 110 of 2015 lodged for the offences

punishable under Sections 323, 341, 354 and 504/34 of the Indian

Penal Code.

Allegation against the petitioners Nos. 1 and 2 is of

committing rape upon the complainant and against petitioners

Nos. 3 and 4 there is allegation that they have assisted the other

petitioners.

Submission of learned counsel for the petitioners is that
Patna High Court Cr.M isc. No.23683 of 2018 (2) dt.20-04-2018

2/2

there is delay of 21 days in lodging the complaint petition and

further submission is that police after investigation has not found

the case true under Section 376 IPC, rather cognizance has been

taken under Section 354 IPC.

Heard learned APP also.

Having heard both sides and in the facts and

circumstances, let the petitioners, above named, in the event of

their arrest or surrender, be released on bail on furnishing bail

bonds of Rs.25,000/- (Rupees twenty five thousand) each with two

sureties of the like amount each to the satisfaction of Sri Shiv

Kumar, Judicial Magistrate, 1st Class, Udakishunganj

(Madhepura), in connection with Complaint Case No. 110 of

2015, subject to the conditions as laid down under Section 438(2)

of the Code of Criminal Procedure and further condition is that

one of the bailors shall be a local person having sufficient

immoveable properties within the jurisdiction of the court

concerned.

(Vinod Kumar Sinha, J)
spal/-

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