Firoz @ Firoz Qurashi @ Bharul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26493 of 2022 Arising Out of PS. Case No.-222 Year-2021 Thana- PANCHRUKHI District- Siwan ====================================================== FIROZ @ FIROZ QURASHI @ BHARUL SON OF AMRULLAH QURASHI R/O VILLAGE- KOHRAUTA, P.S.- PANCHRUKHI, DISTRICTSIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 363 and 366A of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have kidnapped the minor daughter of the informant for the purpose of marriage.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.26493 of 2022(3) dt.02-01-2023 2/3 petitioner has no criminal antecedent as stated at para 3 of the bail petition. As per the medical report the victim girl is aged about 17-19 years. The victim has not stated the name of the petitioner in her statement recorded under Section 161 of the Cr.P.C. It is further submitted that the statement of the victim itself is contradictory. As per the medical report there is no sign of sexual assault.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the vicitm girl in her statement recorded under section 164 of the Cr.P.C has stated the name of the petitioner in the crime alleged and she has stated that it is the petitioner who took her to Bangalore by train after making her unconscious.

Considering the aforesaid facts and circumstances as well as the material available in the case diary, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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, Siwan in connection with Pachrukhi P.S. Case No. 222 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, and

Patna High Court CR. MISC. No.26493 of 2022(3) dt.02-01-2023 3/3 with further condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner will liable to be cancelled. This bail stands allowed.

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