Patna High CourtCR. MISC./61438/2018bail granted

Munesh Kumar v. The State Of Bihar

2018-10-31Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61438 of 2018 Arising Out of PS.Case No. -4 Year- 2017 Thana -MALSALAMI District- PATNA ====================================================== Munesh Kumar, Son of Ram Singh, Resident of Village- Nagala Kothi, Rejua, P.S.- Jaleshar, District- Etah (U.P.) .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar No.1 For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard the parties.

Petitioner seeks bail in Malsalami P.S. Case No. 4/17 registered for the offence under Sections 363, 366, 366(A), 120 (B) and 302/34 of the Indian Penal Code.

Allegation as peer the F.I.R. is against named coaccused, Rizwana Khatoon and Asama Khatoon is of enticing the daughter of the informant Rita Kumari along with Babita Kumari away on 25.12.2016 and thereafter both the victims became traceless. The petitioner is not named in the F.I.R. Later on he was arrested on suspicion in Nidhali Kala P.S.Case No.36/17 on 18.01.2017 and remanded in this case on 02.07.2018. Submission on behalf of the learned counsel for the petitioner is that he has not been named in the F.I.R as he is not

Patna High Court Cr.Misc. No.61438 of 2018 (4) dt.31-10-2018 2/2 related with the present occurrence occurred in Patna and only on mere suspicion he has been implicated in this case. He has been granted bail in case related with same occurrence by Allahabad High Court vide order dated 02.05.2018 passed in Cr.Misc. B.A.No.32603 of 2017.He further submits that F.I.R. named main co-accused Rizwana Khatoon @ Priya has already been granted bail by the learned trial court which will appear from Annexure-3 and he is in custody since 02.07.2018.

Heard the learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M., Patna City, Patna, in Malsalami P.S.Case No.4/17. (S. Kumar, J) AnilKrSinha/- U