Md. Tahir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11970 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- KATHAIYA District- Muzaffarpur ====================================================== MD. TAHIR Son of Late Kalam Resident of Village- Patti Ashwari, P.S.- Kathaiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 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, 366, 34 of the Indian Penal Code.

As per FIR, the allegation against the petitioner along with co-accused persons is that they abducted the daughter of the informant for the purpose of ulterior motives. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case and FIR has been lodged after delay of three days. As per statement of the victim recorded under Section 164 of the Cr.P.C., wherein she stated that she went with one co-accused with her own sweet-will

Patna High Court CR. MISC. No.11970 of 2023(3) dt.18-05-2023 2/2 and solemnized marriage with him according to Muslim rites and she not stated about the complicity of this petitioner in this alleged occurrence. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.09.2022. 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 Kathaiya P.S. Case No. 136 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 S.D.J.M., (West), Muzaffarpur. (Sunil Kumar Panwar, J) Manishkumar/- U T