Sekh Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38015 of 2018 Arising Out of PS.Case No. -129 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Sekh Munna Son of S.K. Islam Resident of Village - Khanpur, P.S. Pirpainty, District Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s Appearance :

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 23.11.2017 in connection with Pirpainti P.S. Case No. 129 of 2017 for offences punishable under Sections 420, 376, 379, 506 and 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that the petitioner who is her co-villager was having love

Patna High Court Cr.Misc. No.38015 of 2018 (2) dt.05-07-2018 2/3 affair with her since 7-8 years and a child was born. On his asking she went to her parental house. It is alleged that the petitioner is now refusing to marry her and has also taken Rs. 50,000/- for construction of his house.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that in fact the informant is a married lady, has filed the complaint against her husband has five children from her husband and now wants to marry him, as such false allegations have been leveled. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record as well as the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court Cr.Misc. No.38015 of 2018 (2) dt.05-07-2018 3/3 Chief Judicial Magistrate-XI, Bhagalpur in connection with Pirpainty P.S. Case No. 129 of 2017.

(Nilu Agrawal, J) Devendra/- U T