Patna High CourtCR. MISC./41376/2023bail granted

Md. Kaif @ Md. Wahid Hussain v. The State Of Bihar

2023-07-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41376 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== Md. Kaif @ Md. Wahid Hussain, S/O Md. Jahid Hussain, R/O VillageKaitha, PS. Chandradeep, Dist. Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Pakribarawan (Dhamaul) P.S. Case No. 171 of 2023 dated 04.05.2023 registered for the offences punishable u/ss 341, 323, 354B, 504 and 506 read with Section 34 of the Indian Penal Code and u/s 12 of the POCSO Act and u/s 67A of the I.T. Act.

4. As per the prosecution case, the petitioner and the other co-accused persons came to the informant's house and told

Patna High Court CR. MISC. No.41376 of 2023(2) dt.21-07-2023 2/2 the informant to hand over her daughter Mantasa otherwise they would make the video viral.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is no any material available on record against the petitioner. Nothing has been recovered from the possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Pakribarawan (Dhamaul) P.S. Case No. 171 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T