Patna High CourtCR. MISC./32323/2017bail granted

Md. Istar @ Khokha v. The State Of Bihar

2017-07-12Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.32323 of 2017 (2) dt.12-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32323 of 2017 Arising Out of PS.Case No. -65 Year- 2015 Thana -MAHILA PS District- KATIHAR ====================================================== Md. Istar @ Khokha son of Late Thauwa Mastan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 12.07.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Earlier prayer for bail of the petitioner was rejected by this court vide order dated 19.11.2016 passed in Cr. Misc. no. 40469/2016 giving liberty to the petitioner to renew his prayer for bail after six months, if his trial is not concluded within the above stated period. Learned counsel for the petitioner submits that charge against the petitioner was framed on 1.3.2017 and up till now, only mother of the victim was examined as prosecution witness no.1 and in her deposition, she, specifically, stated that the present case was brought to put pressure upon the petitioner so that victim could solemnize her marriage with the petitioner as the victim and petitioner were in love from before institution of the FIR. He further submits that mother of the victim has also admitted in her deposition that marriage of the victim has already been solemnized and the victim was aged about 22 to 23 years.

Patna High Court Cr.Misc. No.32323 of 2017 (2) dt.12-07-2017 Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge Icum- Special Judge, Katihar in Mahila P.S. Case no. 65/2015. shahid (Hemant Kumar Srivastava,J) U T