Arif Siddiki @ Rehan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50885 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Arif Siddiki @ Rehan Son of Amzad Siddiki Resident of Vill- Kunj, P.O.- Darauli, P.S.- Bhabhua, District- Kaimur (Bhabhua). ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Mishra, Adv.
For the Opposite Party/s :
Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chainpur P.S. Case No. 142 of 2024 dated 23.04.2024 registered for the offences punishable under Sections 366A and 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the
Patna High Court CR. MISC. No.50885 of 2024(2) dt.06-08-2024 2/3 petitioner. There was love affair between the petitioner and the victim. It is also recorded that she herself went to Mughalsarai and asked the petitioner to come there. Learned counsel for the petitioner has further submitted that there is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The occurrence took place on 21.04.2024 but the FIR was lodged on 23.04.2024 and there is no explanation for this delay. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.04.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the victim is a minor girl.
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 Additional Chief Judicial Magistrate-II, Bhabhua(Kaimur) in connection with Chainpur P.S. Case No. 142 of 2024, with a condition:- (i) The petitioner is directed to remain physically
Patna High Court CR. MISC. No.50885 of 2024(2) dt.06-08-2024 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T