Md. Ezaz Ahamad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19347 of 2023 Arising Out of PS. Case No.-273 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== Md. Ezaz Ahamad S/O Md. Jalil @ Jalil @ Jhagru R/O Locality-Bagmali Paitan Toli, Hathsarganj, Ward No.- 01, P.S- Hajipur Town, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kr. Tiwary Mr. Ravish Mishra For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 364, 366, 34, 379 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the wife of the informant and his two children have not been kidnapped by the petitioner but due to assault by her husband, leave their house, on their own sweet will. He submits that the victim lady and his two children have already been recovered and her statement under Section 164 of the Cr.P.C. has also been recorded in which she has not supported the prosecution case. He further submits that
Patna High Court CR. MISC. No.19347 of 2023(3) dt.12-07-2023 2/2 petitioner has no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case and the fact that the victim in her statement has not supported the prosecution case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sultanganj P.S. Case No. 273 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T