Patna High CourtCR. MISC./37897/2024allowed

Md. Kaushar @ Md. Kaushar Raza v. The State Of Bihar

2024-12-16Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37897 of 2024 Arising Out of PS. Case No.-137 Year-2024 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Md. Kaushar @ Md. Kaushar Raza, Son of Md. Nayim @ Nabi Hasan, Resident of Banbhag Near Airport, P.S.- K. Nagar, District - Purnea ... ... Petitioner/s

Versus

The State of Bihar 2.

Surendra Paswan, S/o- Late Mahavir Paswan, R/o-Banbhag Chak Parora, P.S- K. Nagar, Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with K.Nagar P.S. Case No. 137 of 2024 registered for the offence punishable under Sections 341, 323, 504,506, 363, 366(A), 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused person kidnapped the daughter of the informant when she went on call of nature.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. As per medical report, the age of the victim is assessed

Patna High Court CR. MISC. No.37897 of 2024(4) dt.16-12-2024 2/2 about 17-18 years and her statement given before the learned Magistrate shows that the victim is the consenting party. The charge-sheet has already been submitted in this case. Petitioner is in custody since 13.03.2024, having no criminal antecedent and he undertakes to cooperate in the trial of this case.

5. Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea, in connection with K.Nagar P.S. Case No. 137 of 2024.

(Sunil Dutta Mishra, J) khushbu/- U T