Patna High CourtCR. MISC./47607/2015bail granted

Mokhtar Rai v. The State Of Bihar

2015-11-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47607 of 2015 Arising Out of PS.Case No. -210 Year- 2015 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mokhtar Rai Son of Sajawal Rai, Resident of Village - Siswa Kharar, P.S. - Kalyanpur, District - East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate For the Opposite Party/s : Mr. R.B.Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of regular bail arises out of Kalyanpur P.S. Case No. 210 of 2015, disclosing offences under Sections 363, 372, 366, 143 and 144 of the Indian Penal Code and Section 27 of the Arms Act.

A supplementary affidavit has been filed on behalf of the petitioner bringing on record the statement of victim girl recorded under Section 164 of the Cr.P.C. Referring to the said statement, learned counsel for the petitioner submits that the entire prosecution case stands falsified. In her statement, she is said to have stated that she and one Anil Kumar have married each other

Patna High Court Cr.Misc. No.47607 of 2015 (2) dt.04-11-2015 2/2 and the proposal to the marriage was opposed by the family members of the victim girl.

Considering the submission, this application is allowed.

Let the petitioner, above-named be released 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 Judicial Magistrate 1st Class, Sadar Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 210 of 2015.

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) Vats/- U T