Faisal Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14126 of 2021 Arising Out of PS. Case No.-412 Year-2019 Thana- BARHARIA District- Siwan ====================================================== Faisal Ali Son of Nausad Ali Resident of Village - Shahi Takia, Police Station - Barharia, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Adv.

For the Opposite Party/s :

Mr. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred the instant application for grant of regular in a case registered under sections 363, 366A and 34 of the Indian Penal Code.

As per allegation in the F.I.R., the minor daughter of the informant was kidnapped by the accused persons including the petitioner herein for the purpose of marriage. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. There is a delay of three days in lodging of the F.I.R. The daughter of the informant returned and her statement under section 164 Cr.P.C. was recorded wherein she has stated about going with the petitioner by herself because of differences with

Patna High Court CR. MISC. No.14126 of 2021(3) dt.26-08-2021 2/2 her parents. The petitioner is in custody since 2.12.2020, has no criminal antecedent and investigation in the case has concluded. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the statement under section 164 Cr.P.C. and investigation in the case having concluded, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Barharia P.S. Case no.412 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan. (Partha Sarthy, J) Bibhash U