Firoj Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19000 of 2019 Arising Out of PS. Case No.-97 Year-2018 Thana- RAJGIR District- Nalanda ====================================================== FIROJ KHAN, aged 28 years, Male, Son of Najir Khan, Resident of Mohalla - City Mogalpura, P.S.- Alamganj, Distt - Patna. At present Pathar Ke Masjid, P.S.- Sultanganj, Distt - Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Samir Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Sanjay Kumar Tiwary, A.P.P.

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2019 Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 1 of the bail application, in course of the day.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 03.07.2018 in a case for the offence registered under Sections 363 and 365/34 of the IPC.

The prosecution story, in brief, is that the informant Arvind Goswami alongwith his family members went to attend the marriage ceremony of his relative. After Bidai, he searched

Patna High Court CR. MISC. No.19000 of 2019(2) dt.03-05-2019 2/3 his daughter Sobha Kumari aged about 16 years but she could not trace out. Puja Kumari the friend of of his daughter Sobha Kumari, informed him that she regularly used to talk on Mobile No. 9097158352. That Mobile belongs to one Awadhesh Kumar. Thereafter, the informant came to know from that Mohalla that Awadhesh, Rupesh and other 2-3 boys after calling his girl, took away somewhere.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The victim girl has been recovered. Her statement under Section 164 of Cr.P.C. has been recorded. She has not supported the allegation made in the F.I.R. She left her house out of her own will.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.19000 of 2019(2) dt.03-05-2019 3/3 the like amount each to the satisfaction of the learned C.J.M. Nalanda at Biharsharif, in connection with Rajgir P.S. Case No. 97 of 2018.

(Sudhir Singh, J) U.K./- U T