Patna High CourtCR. MISC./25164/2020bail granted

Md. Riyaz v. The State Of Bihar

2020-09-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25164 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- FALKA District- Katihar ====================================================== MD. RIYAZ, aged about 25 years, Male, Son of Md. Jiyauddin @ Jiyauddin, Resident of Village-Bharsiya, P.S.-Falka, District-Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-09-2020 Heard learned counsel for the petitioner and Mr. Nand Kishore Prasad, learned Additional P.P. through video conferencing.

The petitioner seeks bail in Falka P.S. Case No.65 of 2020, registered under Sections 363, 366(A) and 34 of the Indian Penal Code.

The informant named Md. Danish and others and alleged that they kidnapped his minor daughter. Learned counsel for the petitioner submits that the victim made her statement under Section 164 Cr.P.C. and she disclosed that it was Danish who called her and kidnapped. Danish brought her to Patna and also established physical relation with her. The police arrested her and Danish from the house. It is submitted that the petitioner is not the person who

Patna High Court CR. MISC. No.25164 of 2020(2) dt.23-09-2020 2/2 kidnapped the victim. The petitioner is residing in a rented house where Danish had come with a girl and from the rented house of the petitioner Md. Danish was arrested and the victim was recovered. The petitioner is in jail since 28.02.2020. Having considered the facts that the petitioner is not alleged to have kidnapped the victim rather the victim and the kidnapper Danish had stayed in the rented house of the petitioner and for that the petitioner is in jail since 28.02.2020, petitioner, namely, Md. Riyaz is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Katihar in connection with Falka P.S. Case No.65 of 2020.

(Prabhat Kumar Jha, J) S.KUMAR/- U T