Md. Arman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27216 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Md. Arman Son Of Mohammad Quddus Resident Of Ward No. 07, Laruara, P.S. - Mufassil (SIGHAUL) Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rashid Izhar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mufassil (Singhaul O.P.) P.S. Case No. 14 of 2023 dated 08.01.2023, instituted for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the informant found in the morning that his daughter of 16 years of age was taken away in the night of 24.12.2022 by Md. Firoz and Md. Arman (petitioner) on allurement.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It is further submitted that as per the F.I.R. date of occurrence was

Patna High Court CR. MISC. No.27216 of 2023(2) dt.25-05-2023 2/3 24.12.2022 but the F.I.R. was lodged on 08.01.2023 without explanation of delay in filing of the said application. He further submitted that the informant produced the girl before the police station on 09.01.2023 which indicates of manipulation and unnatural event. Learned counsel further submitted that the statement given before the Police on 09.01.2023, the daughter of the informant stated that she had love affairs with the petitioner and she was taken out for marriage by the petitioner and on call she went near the Madarsa where Arman took her along. He further submitted that the 164 Cr.P.C. statement of the victim girl only states that the petitioner tried to violate the informant only. The age of victim girl was found to be between 17-19 years as per medical report and the age of petitioner is about 19 years. Lastly, it has been submitted that the petitioner is in custody since 08.01.2023 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.27216 of 2023(2) dt.25-05-2023 3/3 each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in Mufassil (Singhaul O.P.) P.S. Case No. 14 of 2023. (Khatim Reza, J) sankalp/- U T