Patna High CourtCR. MISC./27831/2019bail granted

Md. Karia @ Karia v. The State Of Bihar

2019-08-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27831 of 2019 Arising Out of PS. Case No.-14 Year-2017 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Karia @ Karia Son of Md. Tamiz Resident of Barhari, P.S.- Sadar, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Khatim Reza For the Opposite Party/s :

Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 342, 376 and 34 of the Indian Penal Code. Prosecution case in short is that the accused persons accompanied the victim/informant while she had gone to market. It is further alleged that the accused persons got taken tea to the victim/informant and thereafter, the accused persons committed rape upon her.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 04-01-2019. Charge sheet has already been submitted. The petitioner has been falsely

Patna High Court CR. MISC. No.27831 of 2019(4) dt.26-08-2019 2/2 implicated in the present case. A petition has been filed by the informant before the court below where she has retracted from her earlier statement made in the FIR. The said petition is Annexure-2 to the present application. The petitioner has been made accused in the present case due to mistake of fact. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 14 of 2017.

(Sudhir Singh, J) A.K.V.//- U T