Patna High CourtCR. MISC./9242/2017bail granted

Md. Kamrul @ Bhodia @ Bhodla v. The State Of Bihar

2017-02-23Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9242 of 2017 Arising Out of PS.Case No. -133 Year- 2016 Thana -AMDABAD District- KATIHAR ====================================================== Md. Kamrul @ Bhodia @ Bhodla, Son of Late Maniruddin, resident of Village- Garad Tola, Baidyanathpur, P.S.- Amdabad, District- Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 23-02-2017 Heard learned counsels for the petitioner and the State.

The petitioner, who is in custody, seeks bail in connection with Amdabad P.S.Case No. 133 of 2016 registered under Section 366 of the Indian Penal Code.

Allegation in brief is that informant's wife became traceless when she had gone to cut grass in the filed and the informant raised suspicion about the involvement of the petitioner and one Sultan in kidnapping his wife.

Submission is that the informant's wife had illicit relation with one Sultan and she herself went with him and when she was recovered, she recorded her statement under Section 164 of the Cr.P.C. stating that she went with Sultan and thereafter with his friend (this petitioner), she went to Delhi and Sultan

Patna High Court Cr.Misc. No.9242 of 2017 (2) dt.23-02-2017 2/2 came there after three days and two times he raped her. It is submitted that there is no allegation against this petitioner of kidnapping the informant's wife or of taking her away forcibly and he has been in custody since 19.12.2016 having no criminal antecedent.

Having considered the aforesaid facts and circumstances, in particular, the case of this petitioner stands on different footing to Sultan, the petitioner, namely, Md. Kamrul @ Bhodia @ Bhodla is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Sri B.K.Choudhary, Judicial magistrate, 1st Class, Katihar in connection with Amdabad P.S.Case No. 133 of 2016.

(Arun Kumar, J) Sujit/- U