Patna High CourtCR. MISC./63554/2021bail granted

Muntasir v. The State Of Bihar

2022-04-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63554 of 2021 Arising Out of PS. Case No.-20 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== MUNTASIR Son of Raquib Resident of village - Belwa Patkan Tola, Ward no.10, P.s.- Araria, Distt.- Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anamul Haque For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 307, 354(B) and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, on 20.02.2019 this petitioner along with other accused persons, named in the FIR, entered into courtyard of the informant abused and assaulted her causing miscarriage.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is inordinate delay in institution of the FIR as the alleged occurrence took place on 20.02.2019 but the FIR was lodged on 16.03.2019 without any explanation. It is next submitted that there is no injury report on record to support the

Patna High Court CR. MISC. No.63554 of 2021(3) dt.11-04-2022 2/2 accusation of assault causing miscarriage. Petitioner claims clean antecedent and is in custody since 14.09.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case, the period of custody of the petitioner, delayed lodging of the FIR and medical report wherein allegation of miscarriage is not supported, 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 Sub divisional Judicial Magistrate, Araria in connection with Mahila PS case No.20/2019.

(Prabhat Kumar Singh, J) BKS/- U T