Patna High CourtCR. MISC./23334/2024bail rejected

Md. Aman @ Arif v. The State Of Bihar

2024-04-04Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23334 of 2024 Arising Out of PS. Case No.-348 Year-2023 Thana- MEHSI District- East Champaran ====================================================== Md. Aman @ Arif Son Of Md. Basir Resident Of Village - Bathana, P.S. - Mehsi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharad Kumar Verma, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP For the Informant :

Mr. Vijay Shankar Shrivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Mehsi P.S. Case No. 348/2023, lodged on 20.10.2023 under Sections 366, 323, 504, 34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against seven named accused persons including the petitioner with an allegation of kidnapping the informant's sister with a view to marry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The victim has already been recovered, hence, no case is made out. The antecedent of the petitioner is clean and he is in custody since

Patna High Court CR. MISC. No.23334 of 2024(2) dt.04-04-2024 2/2 10.11.2023. The chargesheet has already been filed.

5. Learned counsel for the State opposes the prayer for bail.

6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that it is true that the victim has been recovered, but in the statement recorded under Section 164 of the Cr. P.C. she has supported the allegation whatever levelled in the FIR and the same has also been acknowledged in the rejection order of the trial Court.

7. Upon going through the statement made in the 164 Cr. P.C. Statement, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Mehsi P.S. Case No. 348/2023, pending before the learned Judicial Magistrate, 1st Class, Sadar at Motihari, East Champaran is hereby rejected.

9. However, the trial Court is directed to expedite the trial.

(Dr. Anshuman, J) Ashwini/- U T