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Patna High CourtCR. MISC./60837/2019allowed

Md. Ijhar v. The State Of Bihar

2020-02-14Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60837 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- BARSOI District- Katihar ====================================================== MD. IJHAR Son of Md. Masibul, R/o Balupara, P.S.- Barsoi, Dist.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 363 and 366(A) of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the victim in her statement recorded under Section 164 Cr.P.C. has herself stated that she left the house out of her sweet will and went to the petitioner. In fact, there was love affairs between the victim and the petitioner. No case under Section 376 of the Indian Penal Code is made out against the petitioner as no sign of rape has been found by the doctor.

Patna High Court CR. MISC. No.60837 of 2019(4) dt.14-02-2020 2/2 The petitioner is rotting in judicial custody since 13.06.2019. Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned C.J.M., Katihar, in connection with Barsoi P.S. Case No. 154 of 2019.

(Arvind Srivastava, J) brajesh/- U T