Md. Hasib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35690 of 2024 Arising Out of PS. Case No.-105 Year-2014 Thana- BAHADURGANJ District- Kishanganj ====================================================== Md. Hasib Son of Late Mehroddin Resident of Village- Rangamani, P.S. - Bahadurgunj, District - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bahadurganj P.S. Case No. 105 of 2014 registered under Sections 365, 372 and 366(a) of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons kidnapped the grand daughter of informant.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to malafide intention. Further submission is that petitioner is not named in the First Information Report. The name of the petitioner has come during course of investigation. It is next submitted that the victim in her statement recorded under Section 164 Cr. P.C. has clearly stated

Patna High Court CR. MISC. No.35690 of 2024(5) dt.20-08-2024 2/2 that no one has kidnapped her. She herself went with this petitioner and has solemnized marriage on 05.05.2014 with the petitioner and both are living happily as husband-wife.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and the statement of victim recorded under Section 164 Cr.P.C., let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 105 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T