Md. Jamshed Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19778 of 2024 Arising Out of PS. Case No.-210 Year-2023 Thana- CHAUTHAM District- Khagaria ====================================================== Md. Jamshed Alam S/O- Late Nasim @ Naseem Mohammad R/O- VillageNavtolia, P.S.- Morkahi, Dist.- Khagaria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in a case registered for the offence punishable under Section 366/34 of the Indian Penal Code.
3. As per allegation in the FIR, it is a case of abduction of the wife of the informant and also the wife of the informant took away Rs.30,000/- from informant's house.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Petitioner is in custody since 02.01.2024.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.19778 of 2024(3) dt.26-04-2024 2/2
6. On perusal of the first information report, case diary, statement under Section 164 of the Cr.P.C. and impugned order dated 02.02.2024, it appears that the statement recorded under Section 164 of the Cr.P.C that the victim is alleged against other co-accused Chhotu Thakur forcefully got sited informant's wife on his motorcycle and this petitioner only took her to Sikandarabad from Begusarai by train and on 20.07.2023 petitioner brought her to Khagaria from Sikandarabad and no allegation of sexual assault against the petitioner, so considering all aspects of the matter, I am inclined to grant bail to the petitioner.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sushil Kumar Singh, Judicial Magistrate, Ist Class, Khagaria/concerned Court in connection with Chautham P.S. Case No. 210 of 2023, G.R. No. 2278 of 2023. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T