Aurshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15040 of 2021 Arising Out of PS. Case No.-328 Year-2020 Thana- DHAKA District- East Champaran ====================================================== Aurshad, aged about 25 years, Male, Son of Leyakat @ Hefajat Ansari, R/o village - Parsa, P.S. - Dhaka, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Karandeep Kumar, Advocate For the State :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in Dhaka P.S. Case No.328 of 2020, registered for the offence punishable under Sections 363, 365 and 34 of the Indian Penal Code.

The allegation against the petitioner in the FIR is that the petitioner helped his friend Abdul Salam in kidnapping of the daughter of the informant.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that there is love affair between the daughter of the informant and Abdul Salam. The petitioner has no manner of concern with the alleged kidnapping and he has been made accused in the case because of the fact that he is friend of Abdul

Patna High Court CR. MISC. No.15040 of 2021(3) dt.05-10-2021 2/2 Salam. Learned counsel for the petitioner submits that from perusal of the statement of the victim recorded under Section 164 Cr.P.C., it transpires that the victim girl has love affair with co-accused Abdul Salam and she named the petitioner because petitioner is friend of Abdul Salam. It is further submitted that the police submitted charge-sheet under Sections 365, 363 and 34 of the Indian Penal Code on 12.10.2020.

Considering the facts aforesaid, let petitioner, above named, be released on bail 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 S.D.J.M., Sikrahana at Dhaka in connection with Dhaka P.S. Case No.328 of 2020.

(Anjani Kumar Sharan, J) S.KUMAR/- U T