Md. Sazid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43595 of 2019 Arising Out of PS. Case No.-68 Year-2018 Thana- MANIGACHI District- Darbhanga ====================================================== Md. Sazid, Son of Md. Aftab Alam, Resident of Village - Dilawarpur, P.S.- Bahadurpur, Distt - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Nath Jha For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Manigachhi P.S. Case No. 68 of 2018, registered under Sections 363 and 366(A)/34 the Indian Penal Code. The accusation is of kidnapping the daughter of the informant by the petitioner with the help of his father and brother. When brother of the informant went at the house of the petitioner then father of the petitioner has not given satisfactory reply.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that neither the informant nor the brother of the informant is eye witness of the occurrence but

Patna High Court CR. MISC. No.43595 of 2019(2) dt.17-07-2019 2/2 mere on suspicion, the present case has been lodged with false allegation. Moreover, the statement of victim, daughter of the informant, was recorded under Section 164 of the Cr.P.C., in which, she stated that she left her grandfather's house due to ill behavour of her mother on 07.04.2018 for Mumbai and thereafter, she again returned to Darbhanga, where she stayed four days in the house of her friend, Sajiya. Thereafter, on 17.04.2018, she reached in the office of Superintendent of Police.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Darbhanga, in connection with Manigachhi P.S. Case No. 68 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T