IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26738 of 2011 Jahangir Khan, son of late Tahur Khan, resident of village Nakaradei, P.S. Sugauli, District East Champaran. …. Petitioner Versus The State Of Bihar ……Opposite Party ------------- 03/ 25.10.2011 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. 2. Petitioner is an accused for offences punishable under sections 302/34 of the Penal Code. 3. Learned counsel for the petitioner submits that the petitioner is said to have killed the deceased, who happened to be son of the informant. He further submits that the deceased was the brother of the wife of Tabrej Khan, who is the son of the petitioner. He further states that when the Police arrived at the spot, the petitioner admitted that he killed the deceased as he was trying to rape his daughter. He also states that there is sufficient material to support the said fact and the deceased was a rapist and one of such case was reported vide Sugauli P.S. Case No. 143 of 2005. He further stated that the petitioner had committed the said offence in self defence and is protected under section 100 of the Penal Code. He also stated that these facts were also considered in Cr. Misc. No. 3919 of 2011 filed by the petitioner’s son, which was allowed by a Bench of this Court vide order dated 21.06.2011 (Annexure 3) and the said accused person, namely, Tabrej Khan was enlarged on bail. 4. Although learned counsel for the informant 2 vehemently opposes the contention of learned counsel for the petitioner, but instead of supporting his son, the informant should be ashamed of the fact that he had fathered a rapist. 4. Considering the aforesaid facts and circumstances, this petition for bail is allowed. The sole petitioner, namely, Jahangir Khan is directed to be released on bail on executing bail bond of Rs.10,000.00 (Rupees ten thousand ) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 260/2010 MPS/ ( S. N. Hussain, J.)