Md. Afroj @ Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5717 of 2025 Arising Out of PS. Case No.-481 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Md. Afroj @ Afroz S/O Md. Bablu Ansari Village- Devli, Jangalpur, Police Station- Govindpur, District- Dhanbad Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar S.K., Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Sakra P.S. Case No. 481 of 2024 instituted for the offence under Sections 137(2) & 96 of the Bharatiya Nyaya Sanhita, 2023. 3.

Prosecution case in short is that informant's daughter went missing.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03-12-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.5717 of 2025(3) dt.05-05-2025 2/2 case. Learned counsel for the petitioner submits that victim in her statement recorded under Section 183 of the BNSS, 2023 has not alleged any overt act against the petitioner. Victim has refused for her medical examination. Police after completion of investigation has submitted charge sheet in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no allegation of overt act even in the statement of the victim and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sakra P.S. Case No. 481 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T