Md Shahbaz @ Shahbaz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18661 of 2021 Arising Out of PS. Case No.-118 Year-2020 Thana- BALIGAON District- Vaishali ====================================================== Md Shahbaz @ Shahbaz Alam Son of Md. Fatehuddin Resident of Village - Akhtiyarpur Doghra, P.s.- Baligaon, Distt.- Vaisahli. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Barun Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Baligaon P.S. Case No. 118 of 2020 instituted for the offences under Sections 363, 366A and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 06.10.2020, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that as per allegation in the F.I.R., the petitioner is alleged to be member of a criminal organization which indulges in kidnapping of girls for illegal purposes. Learned counsel further submits that one of the girls aged about 12 years was recovered and she in her statement under Section 164 Cr.P.C. had not stated anything
Patna High Court CR. MISC. No.18661 of 2021(4) dt.16-12-2021 2/2 about this petitioner.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that the other girl aged about 15 years till date has not been recovered and during the course of investigation in paragraph '71', '72' and '73' of the case diary it has come that this petitioner was instrumental in kidnapping the victim.
Considering the fact that out of the two minor girls who were kidnapped, one minor girl aged about 15 years has still not been recovered and is traceless and it has come during the course of investigation that the petitioner was instrumental in kidnapping the minor girls, the Court is not inclined to grant bail to the petitioner. His prayer for bail is thus refused. (Satyavrat Verma, J) Rishi/- U T