Mannan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34636 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -JOKIHAT District- ARRARIA ====================================================== Mannan, son of Azim, resident of Village-Malaharia, Police Station - Mahalgaon, District- Araria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vikramdeo Singh Mr. Rama Kant Singh For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

23-08-2016 Heard Sri Vikramdeo Singh, learned counsel, who was assisted by Sri Rama Kant Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, who is in custody in Jokihat (Mahalgaon) P.S. Case No. 65 of 2016 registered for offence under Section 376 of the Indian Penal Code, has prayed for grant of bail. By way of referring to F.I.R., learned counsel for the petitioner submits that on perusal of the F.I.R. itself, it is evident that false case under Section 376 of the Indian Penal Code has been lodged against the petitioner only for the purposes of extortion. In the F.I.R., the victim had disclosed that she was raped by petitioner on 05-03-2016, however; it was disclosed that Panchayati was held and it was agreed to pay Rs. 3,00,000/- (three

Patna High Court Cr.Misc. No.34636 of 2016 (2) dt.23-08-2016 2/2 lakh), but since payment was not made, after several days, on 9th of March, 2016, F.I.R. was lodged and petitioner has been taken into custody.

In view of accusation levelled in the F.I.R., without recording any opinion on the merit of the case, for the purpose of bail, the Court considers that it is a fit case for grant of bail. Let the petitioner namely Mannan be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, District - Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 65 of 2016. (Rakesh Kumar, J.) Anay U T