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Patna High CourtCR. MISC./32384/2018allowed

Shahjaduzzama @ Saifi @ Md. Sahjaduzamma v. The State Of Bihar

2018-07-03Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.32384 of 2018 (3) dt.03-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32384 of 2018 Arising Out of PS.Case No. -443 Year- 2017 Thana -BARAUNI District- BEGUSARAI ====================================================== Shahjaduzzama @ Saifi @ Md. Sahjaduzamma, son of Sri Shamshaduzzam, resident of Village- Lakhminiya, P.S.- Baliya, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. Mr. Shashank Shekhar, Adv.

Mr. Molay Kumar choudhary, Adv.

For the Opposite Party/s : Mr. Sri Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 01.02.2018 in connection with Barauni P.S. Case No. 443 of 2017 for the offence registered under Sections 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the entire case is false and fabricated and has been occasioned on account of family dispute. It is further submitted that the victim girl in her statement made under Section 164 Cr.P.C. has totally denied the occurrence and stated that she had herself ran away on account of bad behaviour of her father and had gone to her maternal grand mother's home. On perusal of the statement made under Section 164 Cr.P.C. made by the victim girl before the

Patna High Court Cr.Misc. No.32384 of 2018 (3) dt.03-07-2018 Court which has been marked as Annexure-2, clearly reveals that there is entire denial of the prosecution story. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 443 of 2017, (Anjana Mishra, J) Jagdish/- U T