Patna High CourtCR. MISC./54490/2018bail granted

Manish Kumar v. State Of Bihar And ANR

2018-09-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54490 of 2018 Arising Out of PS. Case No.-109 Year-2018 Thana- NOORSARAI District- Nalanda ====================================================== Manish Kumar S/o Sudhir Mahto @ Sudhir Prasad , R/o Vill.- Khemanbigha, P.S.- Noorsarai, District- Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Muskan Kumari D/o Ramdhin Ram, R/o Vill.- Khemanbigha, P.S.- Noorsarai, District- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Sinha For the Opposite Party/s :

Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-09-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Noorsarai P.S. Case No. 109 of 2018 dated 05.05.2018 instituted for the offence under Section 366(A) of the Indian Penal Code.

The petitioner is alleged to have taken away the sister of the informant on 04.05.2018. Till the time of lodging of the FIR, the sister of the informant had not been recovered.

Learned counsel for the petitioner has submitted that he has been falsely implicated in this case. The falsity of the allegation would be reflected from the contents of the 164 statement of the victim

Patna High Court Cr.Misc. No.54490 of 2018(2) dt.04-09-2018 2/2 girl. She has stated that because of her having been assaulted by her brother, she came out of her house without informing anybody. The petitioner met her on way and when she narrated to him about the incident, he assured her that he shall marry her. The petitioner took her to his house and thereafter made her stay in a room which was being occupied by about 2-3 girls. Only on the next day, she was arrested by the police. Considering the 164 statement of the victim girl as also taking into account that the petitioner is in custody since 09.05.2018, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 109 of 2018.

(Ashutosh Kumar, J) krishna/- U T