Dilshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48599 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- JOKIHAT District- Araria ====================================================== Dilshad, Male, aged about 31 years, Son Of Shekh Jabul @ Md. Javul @ Md. Jabula @ Md. Jabul, Resident of Vill -Belgachhi Asja Mobeya PS- Amnour Distt -Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 137(2), 96, 3 and (5) of the BNS Act.

3. As per allegation in the FIR, it is a case of abduction of the daughter of the informant by the petitioner and other co-accused persons.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that no such allegation as alleged in the FIR has ever been taken place. He next submits that there is five days delay in lodging the present FIR and there is no explanation for delaying the present FIR. Petitioner is in custody since

Patna High Court CR. MISC. No.48599 of 2025(3) dt.15-10-2025 2/2 08.03.2025 and the petitioner has got clean antecedent as stated in para-3 of the petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. On perusal of first information report, case diary and the statement of the victim girl recorded under Section 183 of BNSS, it appears that the victim is already married with one Saddam Hussain and they also have a child out of wed-lock and the victim further states that on the date of occurrence, her brother-in-law(who happens to be the brother of her sister-inlaw) made the victim consume something contaminated and took her to Chandigarh and the victim herself reported that the petitioner himself dropped her to the victim's house and there is no allegation of sexual assault upon her by the petitioner, so considering all aspects of the matter, let the above named petitioner 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 learned CJM, Araria in connection with Jokihat P.S. Case No.66 of 2025.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T