Md. Gulab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14333 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== MD. GULAB Son of Late Md. Bhikho Miyan @ Md. Bhikho Miyan @ Md. Jainul R/V- Shokhara- 1, Ward no. 8, PS- Phulwaria Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 504, 506, 366A of the Indian Penal Code.
3. As per allegation in the FIR, minor daughter of the informant gone to Shyam Marwari for Kanya Pujan but she did not return till late hours. During search, informant came to know that petitioner had taken her away to Saharanpur by train after offering her intoxicated biscuit. When the informant went to the petitioner's house to search his daughter, he was being assaulted by the accused persons.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case.
Patna High Court CR. MISC. No.14333 of 2023(4) dt.19-07-2023 2/2 Statement of the victim girl was recorded u/s 164 Cr.P.C. wherein she has not made allegation of physical misbehaviour against the petitioner. No case is made out under Section 366(A) IPC against the petitioner. Petitioner has got no criminal antecedent and languishing in judicial custody since 8.10.2022.
5. The application for bail is opposed by learned APP for the State.
6. 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 Additional Chief Judicial Magistrate 1st Begusarai in connection with Phulwaria PS Case No. 165 of 2022.
(Sunil Kumar Panwar, J) sushma/- U