Sarfraj Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36826 of 2020 Arising Out of PS. Case No.-333 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== Sarfraj Ali S/o Md. Ajeej @ Ajeej Saifi @ Ajeej Bodhai R/o villageBargajawa, P.O. and P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajesh Kumar, Adv.

For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2021 Heard the learned counsel for the petitioner and Mrs. Sharda Kumari, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Bettiah Mufassil (Banuchhapar O.P.) P.S. Case No. 333 of 2020 for the offence punishable under Section 363 of the Indian Penal Code.

The allegation is regarding unknown miscreants having kidnapped the victim boy and during the course of investigation, the name of the petitioner has transpired in the present case.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in

Patna High Court CR. MISC. No.36826 of 2020(2) dt.01-02-2021 2/3 custody since 08.06.2020. The learned counsel for the petitioner, by referring to the statement of the victim boy made under Section 164 Cr. P.C. before the learned Magistrate, has submitted that the boy himself has admitted in his statement that on account of some mistake, he was scolded by his father, hence he had fled away from his house voluntarily and had stayed at the house of his friend at Gorakhpur and nobody had abducted him.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case and considering the submissions advanced by the learned counsel for the parties as also considering the fact that the victim boy himself has admitted in his statement made under section 164 Cr. P.C. before the Magistrate that nobody had abducted him, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West

Patna High Court CR. MISC. No.36826 of 2020(2) dt.01-02-2021 3/3 Champaran, Bettiah in connection with Bettiah Mufassil (Banuchhapar O.P.) P.S. Case No. 333 of 2020 . (Mohit Kumar Shah, J) Tiwary/- U T