IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45423 of 2008 MD.NIYAMAT MIAN @ NIYAMAT ALI Versus STATE OF BIHAR ----------- 02 27-11-2008 Heard Mr. Md. Helal Ahmad, Advocate for the petitioner and learned A.P.P. for the State. The allegation is that the petitioner picked up the daughter of the informant and took her to a field and raped her. The contention is that there was previous enmity between the parties as the petitioner has filed a report vide Folka (Pothia) P.S. Case No. 135 of 90 under Section 307 IPC. Besides the petitioner is an old man. Further contention is that the girl was aged about 14 years and was habituated to sexual intercourse that is amply magnified by other circumstances indicated by the doctor in his/her report. The contention further is that the petitioner being issueless have certain land in the vicinity of the house of the informant but he wants the petitioner to relinquish in his favour. Let petitioner Md. Niyamat Mian @ Niyamat Ali be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Falka (Pothia) P.S. Case No. 93 of 2008. S.Sb/- (Dharnidhar Jha, J.)