Patna High CourtCR. MISC./4955/2024bail granted

Md. Sabir Hussain v. The State Of Bihar

2024-02-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4955 of 2024 Arising Out of PS. Case No.-55 Year-2022 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Md. Sabir Hussain S/O Md. Sobrati @ Subrati Miya @ Sobrati Miyan Village- Kamalpur Bithraul, Ps. Baruraj, Dist. Muzaffarpur. ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and counsel for the informant.

2. The petitioner seeks regular bail in connection with Mahila P.S. Case No. 55 of 2022 lodged under sections 341, 376 and 493 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged for commission of rape against the petitioner since last five years. The said F.I.R. has been lodged on 11.08.2022.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the complaint case has been lodged by the same informant bearing Complaint Case No. 1121 of 2022 against the petitioner and others under section 498A of the I.P.C. and 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.4955 of 2024(2) dt.07-02-2024 2/2

5. Counsel further submits that it is a unique case in which complaint was filed on 03.08.2022 as husband and F.I.R. has been lodged on 11.08.2022 as stranger.

6. Counsel further submits that petitioner is in custody since 08.09.2023 having clean antecedent.

7. Learned counsel for the informant vehemently opposes the prayer for bail.

8. Learned counsel for the State opposes the prayer for bail and submits that the F.I.R. has been supported by statement under section 164 of the Cr.P.C.

9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Mahila P.S. Case No. 55 of 2022, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T