IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38469 of 2008 MD.ALIMUDDIN Versus STATE OF BIHAR ----------- 03/ 24-09-2008 Heard learned counsel for the petitioner and learned counsel for the State. None appears on behalf of the informant. The petitioner is an accused in a case under Sections 376, 448, 341, 323/34 of the Indian Penal Code. It appears that the petitioner’s prayer for bail was earlier rejected by this Court on 25-02-2008 in Criminal Misc. No. 49096 of 2007 and direction was given to the court below to expedite the trial of the petitioner. Report as called for from the court below has been received and the same is kept at flag ‘A’ according to which the case is still pending for commitment and other accused persons are absconding. Submission of learned counsel is that the petitioner is elder brother of the informant’s husband. There is land dispute between them. He also submitted that petitioner is in custody since 8.9.2007. Further submission is that during medical examination the doctor did not find any external or internal injury on the private part of the informant. Considering the facts and circumstances of the case, petitioner, namely, Md. Alimuddin is directed to be released on - 2 - 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, Araria in connection with Palasi P.S. Case No. 158 of 2006 corresponding to G.R. No. 1816 of 2006. Both the bailors shall file affidavit in support of their means and fitness. S.Sb/- (Madhavendra Saran, J.)