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Patna High CourtCR. MISC./5210/2024allowed

Rahman Ali @ Muskan @ Rahman v. The State Of Bihar

2024-04-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5210 of 2024 Arising Out of PS. Case No.-744 Year-2023 Thana- ARARIA District- Araria ====================================================== Rahman Ali @ Muskan @ Rahman Son Of Aslam Ali Resident Of Village - Kasaila, Ward No.3, P.S. - Araria (Madanpur), District - Araria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha For the Opposite Party/s :

Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 365, 366(A), 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the accused persons including the petitioner are alleged to have abducted the daughter of informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. The victim has been recovered whose statement has been recorded u/s 164 of the Cr.P.C. in which she stated that she went with the petitioner to Delhi where she solemnized marriage with

Patna High Court CR. MISC. No.5210 of 2024(4) dt.19-04-2024 2/2 him out of her won sweet will. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 3.8.2023. Other co-accused Saddam Ali has already been enlarged on bail by this Court vide order dt. 30.11.2023 passed in 75844 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Araria (Madanpur O.P) P.S. Case No. 744 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge VI-cum-Special Judge (POCSO) Araria.

(Sunil Kumar Panwar, J) Amandeep/- U T