IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38922 of 2008 AZIZUR RAHMAN S/O LATE MUJIBUR RAHMAM, RESIDENT OF VILLAGE- DOSTPUR, P.S. KHAJAULI, DISTRICT MADHUBANI---- PEPTITIONER Versus STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 16.10.2008 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner is in custody in Khajauli P.S. Case No. 213 of 2008 for the offence under sections 363, 366 and 366A of the Indian Penal Code. The allegation is that one Md. Anish with other son of the petitioner kidnapped the victim, took her to their house and thereafter Md. Anish is supposed to have committed rape on her. Petitioner is the father of Md. Anish and despite his position he did not interfere in the matter decisively to prevent the crime having been committed. The only allegation against the petitioner that the victim was brought before him by his sons and he did not prevail upon them in the matter. The complicity of the petitioner will be decided during the course of the trial. Keeping in mind his age and also the allegation, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Khajauli P.S. Case No. 213 of 2008 with a direction that if the petitioner at any point of time will try to intimidate the informant or any of the witnesses during course of the investigation/ trial the informant will be free - 2 - to move before the court below for cancelling the bail of the petitioner. RPS (Ajay Kumar Tripathi,J.)