Patna High CourtCR. MISC./72706/2022bail granted

Badal Saw v. The State Of Bihar

2023-04-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72706 of 2022 Arising Out of PS. Case No.-74 Year-2022 Thana- GANGTA District- Munger ====================================================== BADAL SAW Son of Kapil Saw @ Kapil Sav R/V- Dariayapur, P.S- Gangta Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-04-2023

1. Let the defect(s), if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. Petitioner seeks regular bail in connection with Gangta P.S. Case No. 74 of 2022, dated 01.05.2022 registered for the offences punishable under Sections 363, 364/34 of the Indian Penal Code.

4. The main submissions advanced by petitioner's counsel are that the victim has been recovered and she has recorded her statement in which she has not supported the allegations levelled in the FIR against the petitioner and as per

Patna High Court CR. MISC. No.72706 of 2022(3) dt.28-04-2023 2/2 medical expert's opinion victim's age has been assessed between 17-18 years and petitioner is a very young person and he has secured first division in Matriculation Examination and against him the investigation has been completed and he has been languishing in jail since 07.05.2022 having fair and clean antecedent.

5. Learned APP appearing for the State has opposed the prayer for bail.

6. Considering the above submissions and mainly the victim's statement discussed in the order impugned which goes against the allegations levelled against the petitioner in the FIR, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above 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 the concerned Court in connection with Gangta P.S. Case No. 74 of 2022.

(Shailendra Singh, J.) maynaz/- U T