Patna High CourtCR. MISC./40083/2023allowed

Mustafa Khan @ Mustafqha Khan v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40083 of 2023 Arising Out of PS. Case No.-730 Year-2022 Thana- RAMPUR District- Gaya ====================================================== Mustafa Khan @ Mustafqha Khan Son Of Munna Khan R/O- Panchayati Akhara Banke Gali Ps- Kotwali Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

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

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366A and 34 of the Indian Penal Code.

3.Allegation against the petitioner is that he abducted the daughter of the informant with the help of his sister. 4.Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive. It is further submitted that the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C., in which she has not whispered any complicity of the petitioner rather she stated that she went out of her own sweet will with

Patna High Court CR. MISC. No.40083 of 2023(3) dt.23-08-2023 2/2 the petitioner and solemnized marriage in Jaipur. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.02.2023.

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

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rampur P.S. Case No. 730 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st Gaya.

(Sunil Kumar Panwar, J) Shubham/- U T