Md. Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 19376 of 2019 Arising Out of PS. Case No.-18 Year-2016 Thana- SANOKHAR District- Bhagalpur ====================================================== 1.

MD. FAIYAZ son of Md. Rafik, Resident of Village- Bolonchak, P.s.- Dhoraiya, District- Banka.

2.

Md. Minhaz, son of Md. Rafik, Resident of Village- Bolonchak, P.s.- Dhoraiya, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Sonakhar (Amdanda) P.S. Case No. 18 of 2016 for the offences punishable under Sections 363, 366, 34 of the Indian Penal. The allegation is regarding the co-accused Md. Itiyaz having allured the victim girl and taken her to Bombay and other places, however, subsequently she has come back to her house, but it is alleged that the said co-accused person is not solemnizing marriage with the victim girl.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case.

Patna High Court CR. MISC. No. 19376 of 2019(2) dt.05-04-2019 2/2 It is further submitted that a bare perusal of the statement of the victim girl under section 164 Cr. P.C. would show that the petitioners did not have any role to play in the present case. It is submitted that the petitioner No.1 is having a clean antecedent and as far as the petitioner No.2 is concerned, one case has been filed by the victim girl and in the said case the petitioner No.2 is on bail. The petitioners are stated to be languishing in custody since 14.12.2018.

Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Sanokhar (Amdanda) P.S. Case No. 18 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T