Patna High CourtCR. MISC./25835/2020bail granted

Md. Raj Alam @ Sahid v. The State Of Bihar

2020-10-14Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25835 of 2020 Arising Out of PS. Case No.-349 Year-2019 Thana- TEKARI District- Gaya ====================================================== MD. RAJ ALAM @ SAHID S/o Md. Islam Alam @ Islam Mian Resident of Village-Panchdevta, P.S-Tekari, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Prasad Singh (Sr. Advocate) :

Mr.Rakesh Singh :

Mr.Saket Kumar Singh :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-10-2020 Heard Mr. Krishna Prasad Singh, learned Senior counsel for the petitioner and Mr. R.B. Roy Raman, learned Additional Public Prosecutor appearing for the State of Bihar. This application for grant of regular bail arises out of Tekari P.S. Case No. 349 of 2019 registered for the offence punishable under Sections 363 and 366A of the Indian Penal Code.

Learned Senior Counsel appearing on behalf of the petitioner has at the very outset taken me to the statement of the victim recorded under Section 164 of the Cr.P.C., to submit that the allegation of kidnapping, as made in the F.I.R., is completely false. She has disclosed in her statement, recorded under Section

Patna High Court CR. MISC. No.25835 of 2020(2) dt.14-10-2020 2/3 164 of the Cr.P.C., that she had left her house because of domestic issues, with the petitioner and when she learnt about lodging of the F.I.R., she immediately returned. He has submitted that no misbehavior has been alleged against the petitioner by the alleged victim.

Considering the above submission, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Gaya in connection with Tekari P.S. Case No. 349 of 2019.

It is indicated that defect, if any, shall be removed within two months.

Since COVID-19 Pandemic situation is prevailing, the Court has considered it appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which

Patna High Court CR. MISC. No.25835 of 2020(2) dt.14-10-2020 3/3 shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social-distancing.

(Chakradhari Sharan Singh, J) AKASH/- U T