Patna High CourtCR. MISC./46214/2023bail granted

Md. Raza @ Md. Raja v. The State Of Bihar

2023-08-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46214 of 2023 Arising Out of PS. Case No.-365 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== MD. RAZA @ MD. RAJA Son of Md. Yusuf Kadri Resident of VillageSuratpur, P.S.-Samastipur Muffasil, District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and State.

2. The petitioner is in custody in connection with Muffasil P.S. Case No. 365 of 2021 for the offence under Sections 363, 366A, 34 of the Indian Penal Code.

3. As per prosecution case, the daughter of the informant aged about 17 years did not return in the morning and she named some persons as having kidnapped her.

4. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 02.06.2023.

5. During investigation, the police found the case to be false and fabricated and submitted Final Form, however, the learned Magistrate has taken cognizance after differing with the Final Form.

Patna High Court CR. MISC. No.46214 of 2023(2) dt.04-08-2023 2/2

6. It has been submitted by learned counsel for the petitioner that similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Case No. 68312 of 2021 vide order dated 11.02.2022.

7. For the reasons mentioned in the order dated 11.02.2022 passed in Criminal Misc. Case No. 68312 of 2021, this bail application is also allowed.

8. Let the petitioner, above-named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-IInd Class, Samastipur in connection with Muffasil P.S. Case No. 365 of 2021, subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J) Harsh/ U T