Patna High CourtCR. MISC./36370/2023allowed

Md Nawab @ Nawab Alam @ Md. Hawab Alam v. The State Of Bihar

2023-08-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36370 of 2023 Arising Out of PS. Case No.-321 Year-2022 Thana- KASBA District- Purnia ====================================================== Md Nawab @ Nawab Alam @ Md. Hawab Alam S/O Seikh Mosim @ Md. Mosim R/O Village. Tara Nagar Ps. Kasba, Dist. Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 363, 366,34 of the Indian Penal Code. Prosecution case relates to abduction of minor daughter of the informant by the petitioner from her house. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that out of her own sweet will, she has eloped with him. She has not raised any finger against the petitioner for any overt act or physical misbehavior. Petitioner is languishing in judicial custody since 10.10.2022.

Patna High Court CR. MISC. No.36370 of 2023(3) dt.23-08-2023 2/2 Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 6th -cum-Special Judge POCSO Act, Purnea in connection with Kasba P.S. Case No. 321 of 2022.

(Sunil Kumar Panwar, J) sushma/- U