Md. Munna Mian @ Md Munna v. The State Of Bihar
Patna High Court Cr.Misc. No.33095 of 2016 (3) dt.20-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33095 of 2016 Arising Out of PS.Case No. -116 Year- 2015 Thana -MANSAHI District- KATIHAR ====================================================== Md. Munna Mian @ Md Munna Son of Md. Zakir Mian, resident of village - Phulhara, Police Station Mansahi, District - Katihar .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ajay Kumar, Adv. For the Opposite Party : Mr. Rajendra Prasad Nut, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 30.01.2016 in connection with Mansahi P.S. Case No. 116 of 2015 for the offences alleged under Section 366 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated in a complete concocted case which is evident from the very fact that despite having been informed by his bhabhi on the same day of occurrence, the informant waited for one month before instituting the F.I.R. without such delay being explained.
4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Katihar in connection with Mansahi P.S. Case No. 116 of 2015 corresponding to Sessions Trial No. 117 of 2016 with the following conditions:
(i) That one of the bailors shall be a close relative of
Patna High Court Cr.Misc. No.33095 of 2016 (3) dt.20-08-2016 the petitioner.
(ii) That the petitioner shall not indulge in any similar offence.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Md. Ibrarul/BT U T