Md. Iltab @ Md. Iltaf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16112 of 2023 Arising Out of PS. Case No.-408 Year-2022 Thana- KASBA District- Purnia ====================================================== MD. ILTAB @ MD. ILTAF Son of Md. Jahir R/V- Sarauchia, Garhbanaily, P.S- Kasba, Dist- Purnea Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Fakhruddin Ali Ahmad For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366, 504, 506 and 34 of the Indian Penal Code but charge-sheet has been submitted under Sections 363, 366, 420 and 376 of the IPC.
3. The allegation against the petitioner along with others is of kidnapping the daughter of the informant forcibly.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered and she is aged about 19 years. The statement of the victim girl recorded u/s 164 of the Cr.P.C., in which she stated that she went Delhi with this petitioner out of her own sweet-will. She further stated
Patna High Court CR. MISC. No.16112 of 2023(3) dt.01-08-2023 2/2 that the petitioner cheated her in respect of his identity and stated his name Arun instead of Md. Iltab and solemnized marriage with her forcibly. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 16.12.2022.
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 as well as period of custody, 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 Court below in connection with Kasba P.S. Case No. 408 of 2022.
(Sunil Kumar Panwar, J) arish/- U T