Munna @ Munna Mustaque And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22674 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -MAHILA P.S. District- KISANGANJ ======================================================
1. Munna @ Munna Mustaque son of Mojib
2. Shahid son of Sukradi both residents of Balua Jagir, Police Station - Terhagachh, District - Kishanganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioners and learned counsel for the State.
Petitioners seek bail in connection with Kishanganj (Mahila) P.S. Case No. 47 of 2016 registered under Sections- 341, 366A, 376, 120B, 363 of the Indian Penal Code and section 4/10 of the POCSO Act.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case due to land dispute between the father of petitioner no. 2 and the informant's uncle. In her statement under section 164 Cr.P.C. the victim has changed his version and said to have been raped by four persons. On medication examination no sign of rape has been found and the age of the victim has been assessed to be 16
Patna High Court Cr.Misc. No.22674 of 2017 (2) dt.17-05-2017 2/2 years. Petitioners have no criminal antecedent and are in custody since 04.12.2016.
Considering the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge 1st-cumSpecial Judge, Kishanganj in connection with Kishanganj Mahila P.S. Case No. 47 of 2016.
(Arvind Srivastava, J) Manish/- U T