Patna High CourtCR. MISC./72191/2018bail granted

Ish Mohammad v. The State Of Bihar

2019-01-23Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 72191 of 2018 Arising Out of PS. Case No.-120 Year-2017 Thana- Mashrak District- Saran ====================================================== Ish Mohammad Son of late Mahboob Miyan Resident of Village- Chand Kudhariya, P.S. Mashrakh, District- Saran at Chapra. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

23-01-2019 Heard Sri Jeetendra Narayan, learned counsel for the petitioner and learned Addl. Public Prosecutor. This is the 2nd attempt for grant of bail on behalf of the petitioner in Masharakh P.S. Case No. 120 of 2017, corresponding to G.R. No. 3258 of 2017 registered for offence under Sections 363, 366(A), 341, 324, 307, 504 & 34 of the Indian Penal Code. Earlier, by order dated 03-05-2018 passed in Cr. Misc. No. 26148 of 2018, the prayer for bail of the petitioner was rejected. At the time, while the prayer for bail of petitioner was rejected, the victim had not recovered. After recovery of the victim, the present bail petition has been filed on the plea that the victim in her statement recorded under Section 164 of the Cr.P.C. has specifically stated that she was aged about 20 years and she voluntarily solemnised marriage with one Arzoo Alam.

Patna High Court Cr.Misc. No.72191 of 2018(3) dt.23-01-2019 2/2 Certified copy of statement of the victim recorded under Section 164 of the Cr.P.C. has been brought on record as Annexure - 3 to the present petition.

I have perused the material available on record and after going through the same, I am of the opinion that there is no reason to further detain the petitioner.

Let the petitioner namely Ish Mohammad be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VIth, Saran at Chapra in connection with Mashrakh P.S. Case No. 120 of 2017, corresponding to G.R. No. 3258 of 2017.

(Rakesh Kumar, J.) anay U T