Md. Azahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49625 of 2024 Arising Out of PS. Case No.-141 Year-2024 Thana- GOPALPUR District- Bhagalpur ====================================================== Md. Azahar SON OF MD. DUKHAN VILLAGE- MIYAN TOLI, PSGOPALPUR, DIST- BHAGALPUR ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

xxx D/o Sandeep Pndey R/o Tirasivadi ka ghar,Gopalpur, P.S.- Gopalpur, Naugachia, Distt.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections-366, 366(A)/34 of the Indian Penal Code.

3. It is alleged that the informant's daughter Shilpi Kumari @ Riya Kumari went out of her house but she did not return. Ten days prior to the occurrence, she fled away and she was recovered from the house of the petitioner. The informant suspected that his daughter was enticed away by the petitioner for the purpose of marriage.

4. At the outset, learned counsel for the petitioner has

Patna High Court CR. MISC. No.49625 of 2024(5) dt.26-10-2024 2/2 submitted that the marriage of the victim has been solemnized with the petitioner as there was love and affection between them. In her statement recorded under Section 164 of the Cr.P.C., she has not supported the prosecution case. The has refused for her medical examination as mentioned in para-37 of the case diary. The petitioner is under incarceration since 04-052024 and he is a man of clean antecedent.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 Additional Chief Judicial Magistrate-Ist, Naugachia, Bhagalpur in connection with Gopalpur P.S. Case No. 141 of 2024 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) A.K.V.//- U T