Patna High CourtCR. MISC./34414/2024bail granted

Md. Munna v. The State Of Bihar

2024-05-14Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34414 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- BIHRA District- Saharsa ====================================================== Md. Munna SON OF MD. AZHAR SHEKH RESIDENT OF VILLAGEBARA BHAMA, P.S.- BIHRA, DISTRICT- SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Adv.

For the Opposite Party/s :

Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bihra P.S. Case No. 04 of 2024 dated 04.01.2024 registered for the offences punishable u/ss 363, 366, 504, 506 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the informant and took her to some other place. It is further alleged that the petitioner told the informant that he was going to marry her but after sometime, the petitioner took the informant and dropped her to the informant's house.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has no concern with

Patna High Court CR. MISC. No.34414 of 2024(2) dt.14-05-2024 2/2 the alleged offence. No incriminating material has been recovered from the possession of the petitioner. The victim in her statement recorded under Sections 161 and 164 of the Cr.P.C. has stated that there is no allegation of sexual assault against the petitioner. Learned counsel has further submitted that the informant was not forced to have illicit intercourse with another person. The petitioner has one criminal antecedent and he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 08.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saharsa in connection with Bihra P.S. Case No. 04 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T