Arvind Ram @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41025 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- HALSI District- Lakhisarai ====================================================== ARVIND RAM @ ARVIND KUMAR Son of Dilip Ram Resident of village - Kaindi, P.S. - Halsi, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State, Mr. Shahabuddin Azeem.

The petitioner seeks regular bail in connection with Halsi P.S. Case No. 89 of 2022, registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code. The informant has alleged that on 16.03.2022, when the informant had gone to his field along with his wife, his minor daughter went missing, and upon search, he was told by the villagers that the petitioner had taken away his minor daughter on a motorcycle.

Patna High Court CR. MISC. No.41025 of 2022(5) dt.11-01-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 11.04.2022. The learned counsel for the petitioner has submitted that though the incident had taken place on 16.03.2022, but the F.I.R. has been lodged on 01.04.2022, i.e. after a delay of almost 15 days, hence, the possibility of the petitioner being falsely implicated cannot be ruled out. It is also submitted by referring to the statement made under Section 164 Cr.P.C., by the victim girl, before the learned Magistrate that the victim girl has not made any allegation qua the petitioner herein, hence, the petitioner is not having any complicity in the matter and apparently, he has been falsely implicated in the present case.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and

Patna High Court CR. MISC. No.41025 of 2022(5) dt.11-01-2023 3/3 circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the materials available in the case dairy, this Court finds that there is minuscule evidence on record so as to connect the petitioner with the alleged occurrence, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Halsi P.S. Case No. 89 of 2022.

(Mohit Kumar Shah, J) kanchan/SonalU T