Abu Talib @ Md. Abu Talib @ Md. Abu Talibi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17154 of 2019 Arising Out of PS. Case No.-96 Year-2018 Thana- BAUNSI District- Banka ====================================================== ABU TALIB @ MD. ABU TALIB @ Md. Abu Talibi Son of Gayas Ansari R/o village- Kahuwa, P.S.- Baunsi, District- Banka ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Kumar For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Baunsi P.S. Case No. 96 of 2018 registered for the offence under Sections 341, 323, 366(A), 504 and 506/34 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the F.I.R. has been instituted after lapse of five days from the date of occurrence. The victim, who is major, in her statement recorded under Section 164 Cr.P.C. has clearly stated that she went with the petitioner out of her sweet will
Patna High Court CR. MISC. No.17154 of 2019(3) dt.22-07-2019 2/2 and she was intended to perform marriage with the petitioner for which she has already taken divorce from her husband which is evident from annexure-3. The petitioner is languishing in judicial custody since 25.06.2018. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Baunsi P.S. Case No. 96 of 2018.
(Arvind Srivastava, J) Brajesh/- U T