Patna High CourtCR. MISC./43642/2024bail granted

Md. Imran v. The State Of Bihar

2024-07-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43642 of 2024 Arising Out of PS. Case No.-247 Year-2024 Thana- GAYA KOTWALI District- Gaya ====================================================== Md. Imran S/o Md. Shamim R/o Mohalla-Panchaitiya Akhara, P.s.- Kotwali,District- Gaya ... ... Petitioner/s

Versus

The State of Bihar Gudiya Devi, W/o Ramesh Prasad, R/o vill.- Paharshawar, P.S. Kotwali, Distt.-Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Ajay Kumar Sinha, Adv.

Mr. Kumar Rajdeep, Adv.

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kotwali P.S. Case No. 247 of 2024 dated 05.05.2024 registered for the offences punishable u/s 363 and 366A of Indian Penal Code read with section 4 of POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage. It is further alleged that earlier three months before, the petitioner had kidnapped the victim.

Patna High Court CR. MISC. No.43642 of 2024(2) dt.08-07-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the petitioner and victim. The victim in her statement recorded under Section 164 of the Cr.P.C. has stated that she solemnized marriage with the petitioner of her own sweet will. The petitioner was not forced to have illicit relationship with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.05.2024.

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

6. 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, in connection with Kotwali P.S. Case No. 247 of 2024.

7. The application stands allowed.

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