IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4526 of 2009 MD.MUDDASAR @ MUTASSAR @ MUSARA Versus STATE OF BIHAR ----------- For the Petitioner :Mr.Abdul Mannan Khan, Advocate & :Mr.Binay Kumar, Advocate For the State :Mr. C.Jawahr, APP ---- 2. 01.05.2009 Heard counsel for the parties. The petitioner is an accused in a case instituted under sections 363,376,341,323 and 504/34 IPC. As per the allegation in the FIR, the informant was brought to a hotel where the brother of the petitioner(one of the co-accused) committed rape on her. In the following morning the petitioner along with others abused and threatened the victim and forbade her from instituting any case for commission of offence. Counsel for the petitioner submits that subsequently the matter has been compromised and the brother of the petitioner who is said to have committed rape on the informant, has contracted marriage with her and they are living together. An affidavit in this regard has already been filed in the court of CJM, Munger copy whereof has been enclosed as Annexure-2. It is further contended that on the basis of the said fact, the person against whom allegation of commission of rape was made, has already been granted bail. This Court having considered the aforesaid - 2 - submissions and after going through the materials on record, disposes of this application in the following manner: 1. The petitioner shall surrender in the court below within four weeks and apply for regular bail. The court below shall verify the genuineness of the affidavit(Annexure-2) and shall satisfy itself about the submissions made before this Court regarding marriage between the informant and the main accused. If the court below is satisfied that the facts which have been disclosed herein are true, then the petitioner shall be released on bail on furnishing appropriate bail bonds with sureties to be determined by the court below itself. With this direction/observation, the present application is disposed of. hr ( Kishore K. Mandal )