Patna High CourtCR. MISC./998/2020bail granted

Md. Raja v. The State Of Bihar

2020-06-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.998 of 2020 Arising Out of PS. Case No.-163 Year-2019 Thana- BHAWANIPUR District- Purnia ====================================================== MD. RAJA Son of Md. Balaluddin @ Feku Resident of Village - Sripur Ghat, Dira Musahari, P.S.- Bhawanipur, Distt - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-06-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Bhawanipur P.S. Case No. 163 of 2019, disclosing offences under Sections 363, 366A/34 of the Indian Penal Code. The petitioner is in custody since 28.09.2019. It is alleged in the First Information Report that the petitioner and co-accused Md. Tabrej induced the informant's minor daughter for marriage and had kidnapped.

Learned counsel appearing on behalf of the petitioner has submitted, referring to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, according to which the victim was abducted by the petitioner forcibly with the aid of co-accused Md. Tabrej. It is further alleged that they

Patna High Court CR. MISC. No.998 of 2020(4) dt.05-06-2020 2/2 made her unconscious and when she regained her conscious, she found herself at Kanpur. The petitioner is said to have received a call from his mother to the effect that a criminal case has been registered. After learning this, the petitioner was allegedly taking the victim back to her home, in course of which the police apprehended them. It is mentioned in the statement of the victim recorded under Section 164 of the Cr.P.C that the victim and the petitioner are neighbours.

Considering the nature of accusation and the statement of the victim, coupled with the fact that the petitioner is in custody since 28.09.2019, this application is allowed. Let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Purnea in Bhawanipur P.S. Case No. 163 of 2019.

(Chakradhari Sharan Singh, J) arun/- U