Md. Faizal @ Faizal Rehman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26081 of 2020 Arising Out of PS. Case No.-306 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== MD. FAIZAL @ FAIZAL REHMAN Son of Md. Shamim @ Md. Salim @ Md. Samim Alam Resident of Village- Raja Badi, P.S.- K. Hat (Sahayak), District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 363, 366/34 of the Indian Penal Code. Prosecution case in short is that in course of returning from a marriage ceremony, the informant's married daughter is said to have been forcefully kidnapped by the petitioner.

Patna High Court CR. MISC. No.26081 of 2020(2) dt.13-10-2020 2/2 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner is in custody since 03-10-2019. Charge sheet/Prosecution report in this case has already been submitted. The date of occurrence is 30-04-2019 and the case has been instituted on 05-05-2019. The medical examination report does not support the allegation of sexual abuse. The petitioner has already remained in custody for more than one and a half years.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge, Purnea in connection with Sessions Trial No. 67 of 2020, CIS 67 of 2020, arising out of K. Hat (Sahayak) P.S. Case No. 306 of 2019.

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