Md. Peyare Nadef @ Peyare Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28662 of 2022 Arising Out of PS. Case No.-323 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== MD. PEYARE NADEF @ PEYARE NADAF S/o Rafique Nadaf Resident of Village- Dhenaila Teralahi, P.S.- Bahadurpur, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Maruti Kumari, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is in custody since 07.03.2022 and is a person with clean antecedent and the informant alleges that his daughter was kidnapped by five named accused persons, including the petitioner, further co-accused Rafeeque Naddef and Haseem Naddef gave assurance to return his daughter in a Panchayati but later resiled, it is next alleged that the alleged occurrence took place on account of

Patna High Court CR. MISC. No.28662 of 2022(3) dt.18-01-2023 2/3 previous land dispute with Rafeeque Naddef.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that there is a delay of seven days in instituting the FIR, it is next submitted that the parties have compromised as would be evident from Annexure-4 and the alleged victim after coming back though had supported the case of the prosecution in her statement recorded under Section 164 Cr.P.C. that she was forcefully taken away and thereafter was made to marry with the petitioner, but thereafter she married one Jagadnandan Paswan and is also a mother of the child. It is next submitted that the victim was examined by deceased where her age was assessed in between 18-19 years. The learned counsel at the cost of repetition submits that the parties have compromised as would be evident from Annexure-4 and the victim has already married another person.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the submission made by the learned counsel for the petitioner, the petitioner above named be

Patna High Court CR. MISC. No.28662 of 2022(3) dt.18-01-2023 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bahadurpur P.S. Case No. 323 of 2018 (Satyavrat Verma, J) Shivam/- U T