IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2941 of 2009 Md. Mustaque Hussain @ Mustak Ali S/o Late Md. Isha Miyan, R/o village- Sakarddih, Bharti Tola, P.S. Jalalpur, Dist. Saran at Chapra Versus The State Of Bihar ----------- 3/ 23.03.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under sections 376,511/34 of the Indian Penal Code and is named in the first information report along with four unknown. It is submitted on behalf of the petitioner that the FIR (Annexure-1) has been lodged by way of defence to the prosecution case contained in Annexure-2 which is about the same occurrence but lodged on 24.10.2008 after the petitioner and her mother was shifted to Surgical Ward, Chapra Sadar Hospital. It is further submitted on behalf of the petitioner that not only he but his mother was also assaulted who suffered a punctured wound which fact will appear from Annexure-4 series. Let the petitioner Md. Mustaque Hussain @ Mustak Ali surrender in the court below (C.J.M., Saran at Chapra) in connection with Jalalpur P.S. case no.74 of 2008 within four weeks from today and apply for regular bail which should be considered in the light of the injury report contained in Annexure-4 series and if it is true that besides the petitioner her mother also suffered injury which has not been explained by the prosecution then appropriate order admitting the petitioner to the privilege of bail shall be passed in accordance with - 2 - law. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. JA/- ( V. N. Sinha, J. )