Dilnawas @ Dilnamaaj @ Dilanamaaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68833 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- KODHOBARI District- Kishanganj ====================================================== Dilnawas @ Dilnamaaj @ Dilanamaaj S/o Wahid @ Wahid Alam @ Hulman Resident of Village -Sundarbari, Matiyari, P.S.- Terhagachh, Distt. - Kishanganj.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Saahin Pravin D/o Rafiq Alam R/o vill - Kalpir, ward no. 3, P.S. - Kadawari, Distt.- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Adv.
For the O.P. No.2 :
Mr. Sarvottam kumar, Adv.
For the Opposite Party/s :
Mr. Ram Naresh Ray, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-11-2024 Heard Mr. Raj Kumar, learned counsel for the Petitioner and Mr. Savottam Kumar, learned counsel for O.P. No. 2 and Mr. Ram Naresh Ray, learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Kodhobari P.S. Case No. 35 of 2024, dated 23.07.2024 registered for the offences punishable under Sections 69, 74, 351(2), 352 and 79 of the Bhartiya Nyaya Sanhita, 2023.
3. The main submissions advanced by learned counsel for the petitioner are that the allegations levelled in the F.I.R. are totally false. The informant is said to be 19 years old when she lodged the F.I.R. and she accepted her lover affair with this petitioner and recorded her statement under Section 183 of the
Patna High Court CR. MISC. No.68833 of 2024(3) dt.20-11-2024 2/3 B.N.S.S. in which she did not support the allegations made in the F.IR. It is further submitted that the informant wanted to marry the petitioner's brother-in-law which was being opposed by the petitioner and therefore, the F.I.R. was falsely registered against the petitioner and now a good relation has established between both the parties as the informant's wish to marry petitioner's brother-in-law has taken place and the informant has filed a compromise petition vide Annexure P/3 before the Trial Court. There is no criminal antecedent against the petitioner and the investigation has been completed against him.
4. Mr. Sarvottam Kumar learned counsel appearing for the informant, has accepted the good relation having established in between the parties and according to him the informant has not supported the allegations in her statement recorded under Section 183 of B.N.S.S.
5. Considering the above submissions and mainly the above stated fact that the informant who is said to be a major girl has not supported her allegations before the judicial magistrate while recording her statement and also taking into account the completion of investigation against this petitioner, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail
Patna High Court CR. MISC. No.68833 of 2024(3) dt.20-11-2024 3/3 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Kodhobari P.S. Case No. 35 of 2024.
(Shailendra Singh, J) Siwani/- U T