IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18353 of 2010 ALI HUSSAIN @ ALI HASSAN Versus THE STATE OF BIHAR 4 12.7.2010 KHAN Heard counsel for the petitioner and the State. The petitioner is an accused in a case under section 341, 323, 379, 313 and 504 of the Penal Code. It is alleged by the informant that while he was sitting at the door of his nephew, all the accused persons came there and assaulted Shamima Khatoon by fist, leg and blunt portion of farsa in her stomach due to which she suffered abortion and her three months old pregnancy got terminated. Learned counsel for the petitioner submits that the petitioner is aged about 82 years old and in support of his submission, he annexed a copy of his passport. He further submits that there is no external injury on the body including genital area, as would be evident from Annexure- 3. He further submits that Shamima Khatoon gave birth to a male child on 17.3.2010, within nine months of the aforesaid occurrence. Counsel for the informant opposes the prayer for bail and submits that the petitioner has committed heinous crime. Having considered the facts and circumstances of the case and considering the old age of the petitioner Ali Hussain @ Ali Hassan , he is directed to be released on bail in connection with Mahishi (Jalai) P.S. Case No.71 of 2009 on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa. (S.P.Singh,J) 2