Patna High Court - Orders
Munna Ali @ Munna Aali vs The State Of Bihar on 27 June, 2016
Author: Sudhir Singh
Bench: Sudhir Singh
Patna High Court Cr.Misc. No.20348 of 2016 (3) dt.27-06-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20348 of 2016
Arising Out of PS.Case No. -35 Year- 2015 Thana -AWADPUR District- KATIHAR
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MUNNA ALI @ MUNNA AALI Son of Md. Pasiruddin alias Pucha
resident of Village Balu Khoda, P.S. Abadpur District- Katihar.
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
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Appearance :
For the Petitioner : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party : Mr. Amrendra Prasad, APP
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 27-06-2016Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Abadpur P.S. Case No. 35 of 2015 for the offences instituted under Sections 376, 323, 504 and 506 of the Indian Penal Code.
As per prosecution case, the complainant alleged that the petitioner used to follow her for the last two years and always used to ask her to marry with him. On 07.05.2015 when the complainant went near a Pokhar adjacent to her house then petitioner came there and caught hold of her at the point of knife and dragged her and committed rape upon her without her consent and assured her that he will marry with her in future and if she disclosed the incident to anyone she will be killed. Patna High Court Cr.Misc. No.20348 of 2016 (3) dt.27-06-2016
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. The victim had been examined under Section 164 of the Cr.P.C. where she has not supported the allegations made in the FIR.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Abadpur P.S. Case No. 35 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) B.Kr./-
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