Patna High CourtCR. MISC./44779/2016bail granted

Md. Mehdi @ Mehdi Hassan v. The State Of Bihar

2016-10-18Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.44779 of 2016 (2) dt.18-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44779 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -BIHRA District- SAHARSA ======================================================

1. Md. Mehdi @ Mehdi Hassan son of Md. Jahir Resident of village- Sattar katia, Police Station- Bihra, district- Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anamul Haque For the Opposite Party/s Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 18.10.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 376 and 366 of the Indian Penal Code.

The statement of victim has been recorded under section 164 Cr.P.C in which she stated that she left her home on her own volition and one year prior to the present occurrence, she had gone to Delhi along with the petitioner where she had solemnized her marriage with the petitioner.

Submission on behalf of the petitioner is that prior to institution of the present case, Birha P.S. Case no. 74/2015 had been lodged against the petitioner and the petitioner was granted bail by this court in the aforesaid case vide order dated 7.9.2015 passed in Cr. Misc. no. 36413/2015 taking note of the statement of victim of the present case recorded under section 164 Cr.P.C.

Patna High Court Cr.Misc. No.44779 of 2016 (2) dt.18-10-2016 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge I-cumSpecial Judge, Saharsa in Sessions Trial no. 166/2016 arising out of Bihra P.S. Case no. 53/2016.

shahid (Hemant Kumar Srivastava,J) U T