Md Shahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14926 of 2023 Arising Out of PS. Case No.-114 Year-2013 Thana- MAHUA District- Vaishali ====================================================== MD SHAHID S/O Ahmad Shah R/O Village- Mahua Mukundpur, P.SMahua, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Dular Sah For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 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 Sections 366(A), 365 and 34 of the Indian Penal Code.
The allegation against the petitioner along with others is of kidnapping the Niece of the informant, when she went to school.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The victim girl has recovered and stated in her statement recorded u/s 164 of the Cr.P.C., that she identified by this petitioner to another person due to which, the others co-accused namely, Md.
Patna High Court CR. MISC. No.14926 of 2023(2) dt.09-05-2023 2/2 Sonu and Md. Arshad, who taken to her Siwan and confined in a room. Thereafter, accused persons demanded of Rs. 2 lacs from her father and kept there for two months, where they both made physical relation with the victim. The victim girl does not whispered about the complicity of this petitioner and there is no allegation against the petitioner with regard to make physical relation/assault with the victim. He is languishing in judicial custody since 02.10.2022.
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 A.C.J.M.-12, Hajipur, Vaishali in connection with Mahua P.S. Case No. 114 of 2013.
(Sunil Kumar Panwar, J) arish/- U T