Md. Shakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48819 of 2023 Arising Out of PS. Case No.-123 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== MD. SHAKIL, Son of Md. Idarish, Resident of village - Barkor, P.S. - Laukaha, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-08-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Laukaha P.S. Case no. 123 of 2022 (G.R. no. 803 of 2022), registered under sections 341, 342, 323/34 of the Indian Penal Code and section 75 of the Juvenile Justice Act.

3. As per the prosecution case, the petitioner and one another are alleged to have confined the 10 year old son of the informant and 12 year old cousin brother of the informant. They are further said to have tied their hands, made video film of the same and making it viral.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Referring to the final report, as contained in Annexure-2 to the petition, it is submitted that the petitioner was not sent-up, however,

Patna High Court CR. MISC. No.48819 of 2023(2) dt.16-08-2023 2/2 cognizance was taken against the petitioner under sections 341, 342, 323/34 of the Indian Penal Code and section 75 of the Juvenile Justice Act and summons was issued for his appearance.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R. and final form having been submitted in the case, as cognizance has been taken against the petitioner also in the learned trial Court, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Laukaha P.S. Case no. 123 of 2022 (G.R. no. 803 of 2022) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jhanjharpur, District-Madhubani.

(Partha Sarthy, J) avinash/- U T