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Patna High CourtCR. MISC./4278/2023allowed

Akhlak @ Md. Akhlak Ansari v. The State Of Bihar

2023-06-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4278 of 2023 Arising Out of PS. Case No.-748 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== AKHLAK @ MD. AKHLAK ANSARI S/o Akmal @ Afzal Ansari R/o Village- Kanharia, P.S.- Dagarua, Distt- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 364(A) of the Indian Penal Code.

The allegation against the petitioner along with another is of kidnapping a son and daughter of the informant, who are minor. It is further alleged that the informant received a call from a mobile number and said to send amount of Rs. 50,000/- to his payphone, then he will hand over his both children. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victims have recovered and their statements recorded u/s 164 of the Cr.P.C., in which they do not

Patna High Court CR. MISC. No.4278 of 2023(3) dt.20-06-2023 2/2 whisper about the complicity of this petitioner in respect of commission of abduction. Both the victims children were assaulted by the informant, so both of them left house and boarded on train to go their Nanihal. There is no complaint with regard to physical assault, sexual abuse/misbehave against the petitioner to the victims. The as alleged demand of ransom money has not been executed. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 04.10.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnia in connection with Purnia Sadar P.S. Case No. 748 of 2022.

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