Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49538 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== Munna Kumar Son of Bishwanath Sah Resident of Village - Ghorasahan Bajar Dih, P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376, 363, 312, 313, 323, 504/506 of the Indian Penal Code and Section-66 of the E.I.T. Act.

Allegedly, the petitioner enticed the informant and took her to Kathmandu, Nepal on the pretext of providing job. It is further alleged that the petitioner forcibly established physical relationship with the informant/victim .

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 26-03-2019. Charge sheet has

Patna High Court CR. MISC. No.49538 of 2019(2) dt.08-08-2019 2/2 already been submitted. The petitioner has been falsely implicated in the present case. The victim accompanied the petitioner to Kathmandu out of her own sweet will. Physical relationship was established without any force. The alleged occurrence is said to have taken place in the year, 2017 whereas the case was instituted in the year, 2019. The delay in instituting the FIR has not been explained by the prosecution. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Ist, Motihari, East Champaran in connection with Ghorasahan P.S. Case No. 18 of 2019. (Sudhir Singh, J) A.K.V.//- U T