Patna High CourtCR. MISC./18105/2021bail granted

Nadim v. The State Of Bihar

2021-07-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18105 of 2021 Arising Out of PS. Case No.-172 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== Nadim Son of Nasim Resident of Village- Machhela, Ward No.03, P.S.- Mahalgaon, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-07-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Mahila P.S. Case no. 172 of 2019 registered under sections 376, 341, 323 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., the allegation on the petitioner is of having committed rape on the informant. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 23.6.2020 (Annexure-1) passed in Cr.Misc.no.14789 of 2020 giving liberty to the petitioner to renew his prayer for bail on completing one year in custody. The petitioner has no criminal antecedent, he is in custody since

Patna High Court CR. MISC. No.18105 of 2021(2) dt.07-07-2021 2/2 14.1.2020 and there is no progress in the learned Court below. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the liberty granted to the petitioner vide earlier order of rejection dated 23.6.2020 together with the petitioner having remained in custody since 14.1.2020 for a period more than 1 year and 5 months, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Mahila P.S. Case no. 172 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Araria.

(Partha Sarthy, J) Bibhash U