Patna High CourtCR. MISC./58583/2015bail granted

Munna v. The State Of Bihar

2016-02-01Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.58583 of 2015 (2) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58583 of 2015 Arising Out of PS.Case No. -71 Year- 2015 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Munna Son of Amir Hamza R/O Vicchli Police Station Jehanabad Distt Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Manoj Kumar-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Jehanabad ( Mahila) P.S. Case No. 71 of 2015, disclosing offences under Sections 372,511,120B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the prosecution case is highly improbable and submits that no case under Section 376 of the Indian Penal Code is made out. He submits that at best, on the basis of the allegation, a case of attempt to commit rape can be said to be made out which is also false.

Considering the facts and circumstances of the case and

Patna High Court Cr.Misc. No.58583 of 2015 (2) dt.01-02-2016 the material brought on record on behalf of the petitioner, this application is allowed.

Let the petitioner above-named, in the event of his arrest/surrender before the Court below within six weeks from today, 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, Jehanabad in connection with Jehanabad ( Mahila) P.S. Case No. 71 of 2015, subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U