Md. Mukhatar @ Md. Muktar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22474 of 2023 Arising Out of PS. Case No.-188 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== MD. MUKHATAR @ MD. MUKTAR, Son of Late Budur Miya, R/VVishnupur, PS- Laukaha Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Laukaha P.S. Case No. 188 of 2022 dated 18.07.2022 corresponding to G.R. No.- 1191 of 2022 registered for the offences punishable u/ss 363 and 366A read with section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant on the point of pistol.

Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.22474 of 2023(2) dt.23-05-2023 2/2 petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the victim in her statement recorded under Section 164 of Cr.P.C. has stated that some persons had kidnapped her and took her to Nepal. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.07.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, Madhubani in connection with Laukha P.S. Case No. 188 of 2022. The application stands allowed.

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