Patna High CourtCR. MISC./17480/2024bail granted

Md. Tahir v. The State Of Bihar

2024-03-14Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17480 of 2024 Arising Out of PS. Case No.-305 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== Md. Tahir, S/O Md. Mosaheb @ Md. Mosahab R/O Village- Pirpainti Bazar, P.S- Pirpainti, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Pirpainti P.S. Case No.305/2023 (S. Tr. No. 4/2024) lodged on 03.09.2023 under Sections 363, 365, 376, 34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against five named accused persons, including the present petitioner alleging therein that all the accused persons have kidnapped the victim and, thereafter, the petitioner committed rape upon her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner and the informant both are residents of the same

Patna High Court CR. MISC. No.17480 of 2024(2) dt.14-03-2024 2/2 locality and well known to each other. In fact, a land dispute is going on between the parties for which Title Suit No. 116 of 2014 has been filed in which the informant is a party, and with a view to create pressure in that suit, the present FIR has been lodged with the frivolous allegation. However, the petitioner is ready to fulfill whatever the conditions may be imposed upon him. The petitioner is in custody since 04.09.2023 having no criminal antecedent.

5. Learned counsel for the State opposes the prayer for bail.

6. 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 Additional Sessions Judge-1, Bhagalpur, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

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