Munna Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65502 of 2019 Arising Out of PS. Case No.-123 Year-2019 Thana- EKMA District- Saran ====================================================== Munna Mishra Son of Kameshwar Mishra Resident of Village - Rith, P.S.- Ekma, District- Saran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rabindra Nath Singh, Adv.
For the Opposite Party :
Mr. Ram Sevak Choudhary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-06-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.
Petitioner is in jail custody since 18.06.2019 in connection with Ekma P.S. Case No. 123 of 2019 registered for the offences punishable under Sections 363, 366-A/34 of the Indian Penal Code.
The statement of victim was recorded under Section 164 of the Cr.P.C. in which she stated that she was forcibly taken away by the petitioner and petitioner made attempt to establish sexual relation with her at Delhi. However, the victim has, herself, admitted in her statement recorded under Section 164 of the Cr.P.C. that it was petitioner, who brought her to
Patna High Court CR. MISC. No.65502 of 2019(5) dt.04-06-2020 2/2 Chapra and produced her before the police.
Learned counsel of the petitioner submits that even if the prosecution story assumed to be true, then also, it appears that it is a matter of love affair and moreover, the victim, in medical examination, was found major.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st Saran in connection with Ekma P.S. Case No. 123 of 2019. (Hemant Kumar Srivastava, J) shahzad/- U T