Patna High CourtCR. MISC./35105/2024bail granted

Sahadat Hussain v. The State Of Bihar

2024-05-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35105 of 2024 Arising Out of PS. Case No.-802 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Sahadat Hussain Son of Ahmad Ali Resident of Village- Bhuwalpur, P.S.- Marhaurah, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar, Adv.

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Marhowrah/ Madhoura P.S. Case No. 802 of 2023 dated 22.12.2023 registered for the offences punishable u/ss 366A read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the victim and the petitioner. Learned counsel has further submitted that the victim

Patna High Court CR. MISC. No.35105 of 2024(2) dt.16-05-2024 2/2 herself went to Banglore and the petitioner was present at Railway Station in Banglore. It is further submitted that the victim was not forced to have illicit intercourse with another person. It is further submitted that the petitioner has no concern with the alleged offence. The chargesheet has already been submitted against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Chapra at Saran in connection with Morhowrah/ Madhoura P.S. Case No. 802 of 2023.

7. The application stands allowed.

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