Patna High CourtCR. MISC./19947/2022bail granted

Md. Shahbaz @ Shabbaz Alam @ Md. Shahbaz Alam @ Md. Shahbaz Alam v. The State Of Bihar

2022-04-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19947 of 2022 Arising Out of PS. Case No.-118 Year-2020 Thana- BALIGAON District- Vaishali ====================================================== MD. SHAHBAZ @ SHABBAZ ALAM @ MD. SHAHBAZ ALAM @ MD. SHAHBAZ ALAM Son of Md. Patehuddin Resident of Village- Akhitiyarpur, Doghara, P.S.- Baligaon, District- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Soban Asghar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 363 and 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that earlier by order dated 16.12.2021 in Cr. Misc. No. 18661 of 2021, the bail of the petitioner was rejected on the ground that the minor girl, aged about 15 years, has still not been recovered and is traceless and it has come during the course of investigation that the petitioner was instrumental in kidnapping the minor girl. Learned counsel for the petitioner further submits that

Patna High Court CR. MISC. No.19947 of 2022(2) dt.20-04-2022 2/2 subsequent to passing of the order dated 16.12.2021 in Cr. Misc. No. 18661 of 2021, the girl on her own volition came back and got her statement recorded under Section 164 Cr.P.C. (Annexure-3 to the bail application) wherein she has completely negated the prosecution case.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 06.10.2020, is a person with clean antecedent and chargesheet has been submitted and the minor girl has not supported the prosecution case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Tr. No. 206 of 2021 arising out of Baligaon P.S. Case No. 118 of 2020.

(Satyavrat Verma, J) Kundan/- U T