Talib Mansoori @ Talim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1101 of 2019 Arising Out of PS. Case No.-04 Year-2018 Thana- SURSAND District- Sitamarhi ====================================================== TALIB MANSOORI @ TALIM son of Yusuf Mansoori @ Ganaur Mansoori, Resident of Village- Kumma, P.S.- Sursand, District- Sitamarhi. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Pushpendra Kumar Singh For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 17-06-2019 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

The appellant seeks pre-arrest bail in connection with Sursand P.S. Case No. 04 of 2018 registered under Sections 363, 366(a), 372, 34 of the Indian Penal Code and Section 3(ii) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Submission of learned counsel for the appellant is that the appellant is quite innocent and has falsely been implicated in the present case. The appellant has no criminal antecedent. Further submission is that the victim in her statement recorded under section 164 Cr. P.C. (Annexure-2) specifically stated that she performed marriage with the

Patna High Court CR. APP (SJ) No.1101 of 2019 dt.17-06-2019 2/2 appellant according to her sweet will and is living with her husband (appellant). She further states that she is now pregnant of six months and also shows her willingness to go to her in-law's house. She further states that no one had kidnapped her.

Having heard both sides and in the facts and circumstances of the case, let the above named appellant be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Sitamarhi in connection with Sursand P.S. Case No. 04 of 2018, subject to the conditions as laid down under section 438(2) of Cr. P.C.

Accordingly, the appeal is allowed and the impugned order dated 02.02.2019 is set aside. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date