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Patna High CourtCR. MISC./16504/2023allowed

Manoj Kumar Poddar @ Dhyani Poddar v. The State Of Bihar

2023-07-19Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16504 of 2023 Arising Out of PS. Case No.-343 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== Manoj Kumar Poddar @ Dhyani Poddar Son Of Kapil Poddar Resident Of Village - Ghonghiya, P.S. - Bahera, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 376, 406, 420, 504, 506, 34 of the Indian Penal Code.

It is alleged against the petitioner that on promise to marry, he established physical relationship with the informant who is widow. It is further alleged that petitioner also got two pieces of land of the informant registered in his name and also misappropriated the amount of Rs. 2 crores which was

Patna High Court CR. MISC. No.16504 of 2023(3) dt.19-07-2023 2/3 received as consideration amount.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is a mature lady aged about 47 years and after marriage of her husband, she came in touch with the petitioner and the petitioner and informant were in consensual love affairs since six years. There is no medical report on record to show that the petitioner has raped the informant or established any forceful sexual relationship with the informant. The informant has also not produced any document showing misappropriation of money or grabbing her jewellaries. The petitioner is languishing in custody since 15.09.2022 and is suffering from serious medical issues for which, he has been admitted in the hospital during his custody by jail authorities in medical emergency. Copies of the medical reports of the petitioner is annexed as Annexure-2 series. A statement has been made in para 3 of the petition that petitioner

Patna High Court CR. MISC. No.16504 of 2023(3) dt.19-07-2023 3/3 has no criminal antecedent.

Considering the fact aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge, Darbhanga in connection with Bahera P.S. Case No. 343 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T