IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40590 of 2010 MD.HAZRAT, S/o Md. Majnum alias Md. Majnu, R/o Vill.+P.S.- Garhapura, District - Begusarai Versus STATE OF BIHAR ----------- 3 11.03.2011 Heard learned counsel for the petitioner and Sri A.M.P. Mehta, learned Additional Public Prosecutor. The petitioner, who is in custody in Garhapura P.S. Case No. 50 of 2010, for the offence under Section 376 of the Indian Penal Code, has prayed for grant of bail. Learned counsel for the petitioner submits that though in the F.I.R. the informant had alleged that she was raped by the petitioner, medical examination report does not support the allegation. It was further submitted that there is no consistency in the statement of persons who were examined under Section 161 of the Code of Criminal Procedure during investigation. Learned Additional Public Prosecutor, though has opposed the prayer for bail but he does not dispute that there is inconsistency in the statement. In view of the facts and circumstances, let the petitioner, Md. Hazrat, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Garhapura P.S. Case No. 50 of 2010. Praful (Rakesh Kumar, J.)