Md. Murtuza @ Md. Murtza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50569 of 2025 Arising Out of PS. Case No.-161 Year-2024 Thana- MORKAHI District- Khagaria ====================================================== Md. Murtuza @ Md. Murtza S/o Md. Sulo @ Md. Suleman R/o VillageBachhauta, PS- Morkahi, District- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajni Devi W/o Jitendra Ram R/o Vill - Bachhauta, Ward no. 4, P.S. - Morkahi, Distt.- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivekanand Singh, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-12-2025 Heard Mr. Vivekanand Singh, learned counsel for the petitioner and Mr. Suresh Prasad Singh, learned APP for the State. Despite valid service of notice, no one appears on behalf of the O.P. No.2

2. Petitioner seeks regular bail in connection with Morkahi P.S. Case No. 161/ 2024 dated 23.10.2024 registered for the offence(s) punishable under Section(s) 96, 351(2), 351(3), 352 and 3(5) of the BNS, Sections 3(1)(r), 3(1)(s) of the SC/ST Act and section 8 of the POCSO Act which was subsequently added.

3. The main submissions advanced by the petitioner's counsel are that the petitioner has been languishing in jail since

Patna High Court CR. MISC. No.50569 of 2025(4) dt.17-12-2025 2/2 04.04.2025, the investigation against him has been completed and he has been made accused primarily on the ground that he is the father of the main accused, Md. Samir and the victim, in her statement recorded under section 183 of the BNSS, has not made any specific allegation against the petitioner, rather, she has stated that she was in love affair with the co-accused, Md. Samir, son of this petitioner.

4. The learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. In the facts and circumstances of this case as well as considering the aforesaid submissions advanced by the petitioner's counsel and mainly the petitioner's custody period and the completion of investigation against him, this court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail in connection with Morkahi P.S. Case No. 161/ 2024 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) BKS/- U T