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Patna High CourtCR. MISC./36506/2024allowed

Azharuddin Khan @ Azruddin Khan @ Ajruddinkhan v. The State Of Bihar

2024-10-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36506 of 2024 Arising Out of PS. Case No.-119 Year-2023 Thana- AANDAR District- Siwan ====================================================== Azharuddin Khan @ Azruddin Khan @ Ajruddinkhan son of Hasrat Ali @ Ishratali R/o Vill.- Gangauli chandauli, P.S.- Andar, Dist.- Siwan, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kanchan Kumari, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 366/447/448/379/341/323/504/506 and 34 of the IPC. 3.

Allegation against the petitioner is that he assaulted the informant's family and kidnapped the minor daughter of the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence, in the manner as alleged has ever taken place. He has been falsely implicated in this case due to grudge. There is general and omnibus allegation against the petitioner. It is submitted that there is contradiction

Patna High Court CR. MISC. No.36506 of 2024(5) dt.04-10-2024 2/2 in the statement of the victim recorded u/s 161 Cr.P.C. and 164 Cr.P.C. The petitioner has no criminal antecedent and has been languishing in custody since 23.01.2024 while other similarly situated co-accused namely Tarana Khatoon has been granted regular bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.24196/2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case, the custody of the petitioner and the contradictions in the statement of the victim, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Andar P.S. Case No.119/2023.

(Anjani Kumar Sharan, J) pallavi/- U T