Md. Naim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65792 of 2023 Arising Out of PS. Case No.-443 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== MD. NAIM son of Badir Village- mathor W.No-4, Ps- Dagarua Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 342, 376D, 504 and 506 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of establishing physical relationship with the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the brother-in-law of the victim. He submitted that on 29.04.2023 learned J.M. 1st Class, Purnea, on perusal of complaint petition, S.A. of complainant and depositions of enquiry witnesses took cognizance against

Patna High Court CR. MISC. No.65792 of 2023(2) dt.17-10-2023 2/2 the co-accused namely, Md. Kaiyum @ Azam under Sections 498A, 504 and 506 of the IPC and by the same order the learned J.M.-1st Class found no prima facie case against the petitioner. Charge-sheet has been submitted against the petitioner. Learned counsel for the petitioner further submitted that good sense has been prevailed between the parties and learned counsel for the informant has asserted this fact. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 30.05.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnia in connection with Purnia Sadar P.S. Case No. 443 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T