IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11146 of 2009 MOHAMMAD GAZI @ MD.GAZI Versus STATE OF BIHAR & ANR For the petitioner : Mrs. Anjana Prakash, Sr. Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. ----------- 2 22.5.2009 Petitioner MOHAMMAD GAZI @ MD.GAZI, one of the named accused of Complaint Case No.1439C/2003 wherein cognizance has been taken under sections 376/120B IPC, is in custody in connection therewith. The allegation against the petitioner is that he along with other persons raped the complainant, Aalo Devi, even as she was returning after answering the call of nature. It appears that two of the co-accused Dashrath Das and Ahmad Ali of whom Ahmad Ali who in the inquiry under section 202 Cr.P.C. is assigned the overt act of having committed rape on Aalo Devi bythe mother – in – law of the victim, have been granted bail vide order dated 8.8.2008 passed in Cr. Misc. No. 30002/2008. The case of the petitioner being on a similar footing is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of Sri Hasmuddin Ansari, J.M. 1st Class, West Champaran at Bettiah or his successor in office in connection with Complaint Case No.1439C/2003. Spd/- (Abhijit Sinha, J.)