IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35952 of 2008 MD.FIROZ Versus STATE OF BIHAR ----------- For the petitioner : Mr. Iqbal Asif Niaqzi, Adv. For the State : Mr. Nand Kishore Prasad, A.P.P. 2 27.8.2008 Heard learned counsel for the petitioner and the State. Petitioner is in custody since 2.5.2008 as he is being prosecuted under sections 376, 354/34 of the Indian Penal Code. Learned counsel for the petitioner submits that it is apparent from the first information report itself that rape could not be committed. He further submits that at best it could be a case under section 354 of the Indian Penal Code. He further submits that it appears from the order of the Sessions Judge that no sign of rape was found by the medical Board who had examined the girl and her age was assessed as between 16 to 17 years. It is stated that both the parties have entered into a compromise and a petition has been filed by the informant before the court below for compounding of case, treating the case to be under section 354 of the Indian Penal Code. Learned counsel for the State submits that there is allegation against the petitioner of committing rape on a minor girl. However, he admits that in the order of the learned Sessions Judge it is stated that the medical report does not support the commission of rape and the age of the girl has been assessed as 16 to 17 years. In the facts and circumstances of the case and the submissions made on behalf of the parties let petitioner Md. Firoz be released on - 2 - bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Darbhanga in Laheriasarai P.S. case No. 153 of 2008. Rahman/ (Dr. Ravi Ranjan, J)