IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40367 of 2009 MD. AFAQUE ALAM @ MD. AFFAQUE ALAM @ MASTER AFAQUE SON OF HAJI NOOR MOHAMMAD RESIDENT OF VILLAGE BANIYA TOLI, P.S. BALIA BELON, DISTRICT – KATIHAR. Versus STATE OF BIHAR . ----------- 02. 18.12.2009 Heard learned counsel for the petitioner and the State. The offence alleged is under sections 323 and 376/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that petitioner has been implicated in this case falsely since the police after investigation did not find any material against the petitioner to commit the aforesaid offence. It is further submitted that co-accused Md. Yasin was charge sheeted and petitioner has been summoned under Section 309 of the Cr. P.C. Learned counsel for the State opposes the prayer for bail and submits that although the petitioner has not been charge sheeted, however, on the basis of evidence on record during trial, summons has been issued against the petitioner. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above 2 named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Katihar in connection with S.T. No. 372 of 2007 arising out of Kadwa (Balia-Belon) P.S. Case No. 97 of 2006 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)