Md Shahanawaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.542 of 2021 Arising Out of PS. Case No.-93 Year-2020 Thana- GORAUL District- Vaishali ====================================================== MD SHAHANAWAJ, Son of Md. Ulfat Ali Resident of Village - Muradpur, P.S.- Maniyari, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Samrendra Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Hymayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-03-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366A/34 of the Indian Penal Code and Section 8/10 of the POCSO Act. Altogether nine accused persons, who apparently belong to the same family, including female members have been named in the FIR with the allegation that the informant's daughter was found missing since 28.02.2020, after she had gone to her college. The informant filed an FIR on 08.03.2020 with the allegation that she learnt that the accused persons named in the FIR, were involved in kidnapping of her daughter
Patna High Court CR. MISC. No.542 of 2021(3) dt.25-03-2021 2/3 for illegal purposes.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR and on the self confessional statement he has been made accused in this case. The allegation against the petitioner is that he provided the room to the accused and the victim girl in Kolkata. The petitioner is languishing in judicial custody since 06.07.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. The similar situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 25.09.2020 passed in Cr. Misc. No. 21514/2020 and another co-accused has also been granted regular bail by a Co-ordinate Bench of this Court vide order dated 15.01.2021 passed in Cr. Misc. No. 31407/2020. Learned APP for the State opposes the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Goraul P.S. Case No. 93/2020 to the
Patna High Court CR. MISC. No.542 of 2021(3) dt.25-03-2021 3/3 satisfaction of learned Court below where the case is pending. (Anjani Kumar Sharan, J) amitkumar/- U T