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Patna High CourtCR. MISC./25719/2017bail granted

Sarique v. The State Of Bihar

2017-06-21Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.25719 of 2017 (3) dt.21-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25719 of 2017 Arising Out of PS.Case No. -105 Year- 2016 Thana -PALASI District- ARRARIA ====================================================== Sarique son of Iliyas Resident of village - Palasi, P.S. - Palasi, Dist - Araria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is seeking regular bail in connection with Palasi P.S. Case No. 105 of 2016 registered for the offences punishable under sections 363/366(A)/34 of the Indian Penal Code.

The petitioner is said to have kidnapped the daughter of the informant along with other accused persons by gagging her mouth while she had gone to fetch water from tube-well. It is submitted by the learned counsel for the petitioner that the petitioner is quite innocent and has not committed the occurrence. The victim has not been abducted. As a matter of fact, the victim was having love affairs with the

Patna High Court Cr.Misc. No.25719 of 2017 (3) dt.21-06-2017 petitioner and had eloped with the petitioner and only on undue pressure of her parents, she has filed a false case against the petitioner. The victim in her statement recorded under section 164 Cr.P.C. has candidly stated that the petitioner has not committed any sexual assault against her. It is further submitted that the petitioner is in custody since 13.04.2017.

Considering the facts aforesaid, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri R. Narayan, Additional Chief Judicial Magistrate-III, Araria in connection with Palasi P.S. Case No. 105 of 2016.

(Prakash Chandra Jaiswal, J) Mahesh/- U T