Md. Zahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33924 of 2021 Arising Out of PS. Case No.-629 Year-2020 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.

MD. ZAHID SON OF MD SAFIK ALAM @ MD SHAFIQUE Resident of Village - Mohalla - Rahamkhan, P.S.- Laherisarai, Distt.- Darbhanga. 2.

MD MOJAHID SON OF MD SAFIK ALAM @ MD SHAFIQUE Resident of Village - Mohalla - Rahamkhan, P.S.- Laherisarai, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Iqbal Asif Niazi- Advocate For the Opposite Party/s :

Mr. Shailendra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2021 Heard the learned Advocate for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Laheriasarai P. S. Case No.629 of 2020, instituted for the offences under Sections 363, 366, 366(A) and 120(B) of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are in custody since 17.01.2021, they are persons with clean antecedents and charge-sheet has been submitted in this case. The petitioners are own uncle of Zoya. The Learned counsel for the petitioners submits that though in the F.I.R., it is alleged that it was Zoya, who called the

Patna High Court CR. MISC. No.33924 of 2021(2) dt.01-12-2021 2/3 victim, the daughter of the informant to her place and thereafter when she did not return, the informant started searching and later came to know that she has been kidnapped for the purposes of marriage.

The learned counsel for the petitioners submits that both Zoya and the victim are friends and out of animosity between the two, the family of both, victim and Zoya became hostile to each other as a result of which, this false case came to be instituted. But later realising the mistake, the informant has filed a compromise petition in the Court below as the family of the informant and the petitioners were known to each other from very long time.

The learned A.P.P. opposes the bail application. Considering the fact that the petitioners are in custody since 17.01.2021, they are persons with clean antecedents, charge-sheet has been submitted in the case and the compromise petition has been filed on behalf of the informant and also from the side of the petitioners, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with

Patna High Court CR. MISC. No.33924 of 2021(2) dt.01-12-2021 3/3 Laheriasarai P. S. Case No.629 of 2020, provided that the learned Court below is satisfied that the compromise petition filed by the informant is without any coercion and force. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T