Md. Muslim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39533 of 2017 Arising Out of PS.Case No. -143 Year- 2017 Thana -SIKTI District- ARRARIA ====================================================== Md. Muslim, son of Late Latifur Rahman, resident of village Salguri Parariya, P.S. Sikty, District Araria. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sikty P.S. Case No. 143 of 2007 registered under Section 363 & 366 A of the Indian Penal Code.

As per the prosecution case, the petitioner along with three other accused persons are said to have kidnapped the minor daughter of the informant from his house. They have also taken away silver, gold and cash of Rs.75,000.00. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the said occurrence. Nothing incriminating article has been recovered from his conscious physical possession. The victim in her statement under Section 164 Cr.P.C. has stated that she had eloped with Gulam Rasul out of her sweet will and performed marriage with him and

Patna High Court Cr.Misc. No.39533 of 2017 (02) dt.19-08-2017 -2no one had kidnapped her. The petitioner has been languishing in custody since 06.06.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Araria in connection with Sikty P.S. Case No.143 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T