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Patna High CourtCR. MISC./43110/2022allowed

Md. Waseef @ Md. Asif @ Md. Waseeb v. The State Of Bihar

2023-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43110 of 2022 Arising Out of PS. Case No.-155 Year-2021 Thana- BALIA BELON District- Katihar ====================================================== MD. WASEEF @ MD. ASIF @ MD. WASEEB Son of Md. Asamuddin Resident of Village - Nauranga, P.s.- Azamnagar, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

The petitioner is in custody in a case registered for the offence punishable under Sections 363, 365, 376 and 366/34 of the Indian Penal Code.

Allegedly, it is a case of abduction of the wife of the informant and having physical relation with her. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C. and she has not stated about making sexual relation by the petitioner forcefully and she had went herself at Gaziabad by a train and the victim is a married lady. Petitioner is in judicial custody since 31.12.2021.

Patna High Court CR. MISC. No.43110 of 2022(3) dt.09-01-2023 2/2 Learned APP appearing for the State has opposed the prayer for regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Vikash Kumar Singh, Judicial Magistrate, Ist Class, Katihar/concerned Court in connection with Baliya Belon P.S. Case No. 155 of 2021. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T