Patna High CourtCR. MISC./75964/2019bail granted

Md. Shan @ Ehsan v. The State Of Bihar

2020-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75964 of 2019 Arising Out of PS. Case No.-416 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== MD. SHAN @ EHSAN S/O Late - Md. Nishar @ Md. Nisar Rain Resident of Village - Mehsaul Ward No. 6, P.S. - Sitamarhi, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2020 Heard the parties.

The petitioner seeks regular bail in connection with Sitamarhi P.S.case No.416 of 2019 registered for offences punishable under Sections 341, 342, 376(D)/34 of the Indian Penal Code.

As per FIR, allegation against the other co-accused persons is that they dragged the informant and committed rape upon her. Petitioner is not named in the FIR. In her statement under Section 164 Cr.P.C. also he has not been named but it appears that in the confessional statement, name of the petitioner transpired.

Submission of the learned counsel for the petitioner is that except the confessional statement, there is nothing against

Patna High Court CR. MISC. No.75964 of 2019(3) dt.28-02-2020 2/2 him and he is in custody for more than six months, having no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Sitamarhi P.S.case No.416 of 2019 with condition to co-operate in the disposal of the trial. With the above direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T