Md. Naushad @ Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24599 of 2024 Arising Out of PS. Case No.-276 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Md. Naushad @ Naushad S/o Mohammad Basir R/o vill - Satkurwa, P.S. - Patepur (Harlochanpur O.P.), Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar, Adv.

For the informant : Mr. Shambhu Prasad Yadav, Adv. For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Patepur (Harlochanpur O.P.) P.S. Case No. 276 of 2023 dated 17.11.2023 registered for the offences punishable u/ss 363, 366A and 302 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage by enticing her and later on her dead body was recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.24599 of 2024(4) dt.21-08-2024 2/2 case. It is further submitted that the petitioner has no concern with the alleged offence. Learned counsel has further submitted that there is no direct evidence available against the petitioner. The charge-sheet has already been submitted against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.11.2023.

5. Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition of the petitioner and submitted that there is specific allegation against the petitioner who kidnapped the minor daughter of the informant and killed her. Later on, the dead body of the deceased was recovered.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner above-named on bail.

7. The application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U T