Md. Rabban Shafi @ Rabban Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24168 of 2020 Arising Out of PS. Case No.-700 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== Md. Rabban Shafi @ Rabban Safi S/o- Azzo Safi Resident of Village- Khera Koskapur, P.S.- Narpatganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. This relates to grant of bail in respect of petitioner in Narpatganj P.S. Case No. 700 of 2019, registered for the offence under Sections 366A/34 of the Indian Penal Code. As per prosecution case, the grand-daughter of the informant was traceless and it is alleged that petitioner had earlier given threat to informant for kidnapping of his grand daughter.

It is submitted on behalf of petitioner that petitioner is innocent and has falsely been implicated in this case due to village politics. It is further submitted that in the statement recorded under Section 164 Cr.P.C., the victim girl has not named petitioner. It is further submitted that the age of the victim has been assessed 19-20 years by the doctor and no

Patna High Court CR. MISC. No.24168 of 2020(2) dt.21-09-2020 2/2 external/internal injury has been found on the person of victim girl. The petitioner is in custody since 31-12-2019, having clean antecedent.

Considering the aforesaid facts and circumstances as well as statement of the victim girl recorded under Section 164 Cr.P.C., wherein, she has not named petitioner, the bail application of petitioner is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 700 of 2019 on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J) anay/- U T