Md. Mahtab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53877 of 2024 Arising Out of PS. Case No.-367 Year-2023 Thana- BARSOI District- Katihar ====================================================== Md. Mahtab Son of Md. Mangla R/O Baniya toli, Moulanapur, P.s.- Barsoi, Sudhani O.P., Dist.- Katihar ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-08-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 143, 323, 504, 376, 363 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. As per the prosecution case, the petitioner is alleged to have committed rape upon the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 20.04.2024.

5. From the statement of the victim recorded under Section 164 of the Cr.P.C., it appears that the case has been filed only for getting share in the family property.

6. Considering the aforesaid facts and circumstances,

Patna High Court CR. MISC. No.53877 of 2024(2) dt.21-08-2024 2/2 this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar/concerned Court below in connection with Barsoi P.S. Case No. 367 of 2023.

8. This application stands allowed.

(Sandeep Kumar, J) Shishir/- U T