Patna High CourtCR. MISC./52825/2019bail granted

Md. Jamun v. The State Of Bihar

2019-08-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52825 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- MURLIGANJ District- Madhepura ====================================================== MD. JAMUN Son of Late Kudus Mian @ Md. Kudus Resident of Village - Gamharia, P.S.- Murliganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 363/366A/34 of the Indian Penal Code.

The statement of the victim girl, recorded under Section 164 Cr.P.C., reveals that though she has alleged that she was forcefully lifted by the petitioner and others. However, she admitted that she along with the petitioner went to different places from Patna to Delhi and Araria and other places. Submission is that the victim went to different places along with the petitioner without making any protest. Hence, she was a consenting party.

Patna High Court CR. MISC. No.52825 of 2019(2) dt.27-08-2019 2/2 Considering the statement of the victim, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Murliganj P.S. Case No.147 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T