Md. Shahbaz @ Shaitaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8102 of 2023 Arising Out of PS. Case No.-18 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD. SHAHBAZ @ SHAITAZ Son of Md. Saheb Resident of Village- Mai Sikandarpur, P.S.- Mufassil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arpana Kumari For the Opposite Party/s :

Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 365, 366A of the Indian Penal Code.

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

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of statement of victim recorded u/s 164 of Cr.P.C. which is annexed as Annexure-2, it appears that the victim did not state any commission of wrong or physical abuse with her against the

Patna High Court CR. MISC. No.8102 of 2023(2) dt.12-04-2023 2/2 petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated co-accused namely, Md. Mukhtar has already been granted bail by a co-ordinate Bench of this Court vide order 13.3.2023 passed in Cr. Misc. No. 65318 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 17.8.2022.

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

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 Muffasil P.S. Case No. 18 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st Munger.

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