Md. Meraj @ Md. Miraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46435 of 2024 Arising Out of PS. Case No.-518 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Md. Meraj @ Md. Miraj S/o Mainuddin @ Md. Jenuddin @ Md. Jainuddin @ Md. Naimuddin R/o vill - Jita Chhpra @ Jitachapra @ Chapra, P.S. - Sahebganj, Distt. - Muzaffarpur, At present address - R/o vill - Damodarpur, ward no. 14, P.S. - kanti, Distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kanti P.S. Case No. 518 of 2023 instituted for the offences under Sections 384/414 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on 08.07.2023 at about 5.00 hrs. (in the evening), three accused persons including the petitioner came at the house of the informant and asked her to tell her husband to give Rs. 20,000/- as ransom money. When she denied, accused persons entered into the room of the Informant and the petitioner got her fallen
Patna High Court CR. MISC. No.46435 of 2024(2) dt.28-06-2024 2/3 on the ground and tried to outrage her modesty. On hulla, they fled away. It is further alleged that again on 09.07.2023, all the three accused persons came at her house and started abusing and also fired on the gate of the Informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to grudge and enmity. There is general and omnibus allegation against the petitioner. There is no eye-witness to the occurrence. Both the parties are next door neighbour and Pattidar and due to previous enmity, the petitioner has been falsely implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has altogether two criminal antecedents as has been stated in paragraph no. 3 of the present bail application. The petitioner is languishing in judicial custody since 29.11.2023 and the charge-sheet after investigation has been submitted in this case. The other co-accused has already been granted bail by this Court vide order dated 08.04.2024 passed in Cr. Misc. No. 78894 of 2023.
5. On the other hand, the learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the
Patna High Court CR. MISC. No.46435 of 2024(2) dt.28-06-2024 3/3 petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, above named, be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kanti P.S. Case No. 518 of 2023, subject to following conditions:
(i) One of the bailors shall be own/close member of the family of the petitioner.
(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Arish/- U T