Patna High CourtCR. MISC./30553/2020allowed

Monu Kumar v. The State Of Bihar

2020-11-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30553 of 2020 Arising Out of PS. Case No.-924 Year-2019 Thana- DANAPUR District- Patna ====================================================== Monu Kumar (male) aged about 22 years, Son of Shyam Mahto @ Sham Mahto Resident of Kharanja Road DNR, P.O. and P.S.- Danapur, DistrictPatna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjiv Sharan, Advocate For the Opposite Party :

Mr. Uday Chandra Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-11-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Danapur P.S. Case No. 924 of 2019 for the offence under Section 364 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent. He submits that the petitioner and the victim are next door neighbours and there was love affairs between them. He further submits that the petitioner with the daughter of the informant went to Delhi and later on returned back. The victim in her statement recorded under Section 164 of the Cr.P.C. made certain allegations against the petitioner but not of sexual

Patna High Court CR. MISC. No.30553 of 2020(2) dt.23-11-2020 2/2 harassment. Learned counsel further submits that due to caste difference, parties are not willing to accept the proposal of marriage. Petitioner is in custody since 26.02.2020. Considering the totality of the fact situation, the Court is inclined to grant bail to the petitioner. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Ms. Swati Surendra, Judicial Magistrate, 1st Class, Danapur, District Patna in connection with Danapur P.S. Case No. 924 of 2019 subject to the following conditions:- (i) That bailors shall be father and mother of the petitioner;

(ii) That the petitioner would not try to influence the daughter of the informant, namely, Monu Kumari and in the event it is reported that the petitioner tried to contact the daughter of the informant against her wishes, the court below shall be at liberty to cancel his bail bond.

(Anil Kumar Upadhyay, J) BT/- U T