Patna High CourtCR. MISC./19737/2024bail granted

Md. Allauddin v. The State Of Bihar

2024-07-03Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19737 of 2024 Arising Out of PS. Case No.-37 Year-2023 Thana- BIRAUL District- Darbhanga ====================================================== Md. Allauddin son of Md. Hussain Village- Lilhaul Ps- Sighiya DistSamastipur ... ... Petitioner/s

Versus

The State of Bihar 2.

Md. Subhan S/o Md. Sadik R/o vill -Chamugharari Panchayat- Kamarkala, P.s. - Biraul, Distt. - Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Biraul P.S. Case No. 37 of 2023 for the offences punishable under Sections 366A, 323, 341, 504/34 of the Indian Penal Code.

3. As per allegation, when the informant's daughter along with her mother went to attend the call of nature at bank of river situated at southern portion of his house, the accused persons kidnapped the minor daughter of the informant.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the victim in her

Patna High Court CR. MISC. No.19737 of 2024(6) dt.03-07-2024 2/2 statement recorded under Section 164 of the CrPC, has specifically stated that she has solemnized marriage with the petitioner and she went with him on her own sweet will.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO) Act, Darbhanga in connection with Biraul P.S. Case No. 37 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T