Munna Rai @ Munna Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30258 of 2020 Arising Out of PS. Case No.-110 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== MUNNA RAI @ MUNNA RAY Son of Mithila Rai @ Rakesh Rai Resident of Village- Bhadian @ Bhadiyan, P.S.- Nanpur, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Pushpa Sinha, the learned APP for the State.

The petitioner seeks regular bail in connection with Nanpur P.S. Case No. 110 of 2019, registered for the offence punishable under Sections 366(A) and 363 of the Indian Penal Code.

The petitioner is alleged to have kidnapped

Patna High Court CR. MISC. No.30258 of 2020(2) dt.23-11-2020 2/3 the minor daughter of the informant on 23.03.2019 and when the informant had gone to the house of the accused, Mithila Rai, i.e. the father of the petitioner herein to inquire about his daughter, he was abused and assaulted by the accused persons. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 23.01.2020. It is further submitted by referring to the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate that the victim girl has herself admitted to have married the petitioner herein about one and a half years back and stated to have been living separately with the petitioner as husband and wife, after solemnizing marriage and out of the said wedlock, a child has also been born, hence, it is submitted that a false case has been lodged against the petitioner herein.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances

Patna High Court CR. MISC. No.30258 of 2020(2) dt.23-11-2020 3/3 of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. (Pupri) Sitamarhi in connection with Nanpur P.S.Case No. 110 of 2019. (Mohit Kumar Shah, J) Ajay/- U T