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Patna High CourtCR. MISC./49150/2022allowed

Badshah Khan @ Md. Badshah v. The State Of Bihar

2023-02-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49150 of 2022 Arising Out of PS. Case No.-238 Year-2022 Thana- HISUWA District- Nawada ====================================================== BADSHAH KHAN @ MD. BADSHAH SON OF MD. RASHID @ RASHID MIAN R/O VILLAGE- TUNGI, P.S.- HISUA, DISTRICT- NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Ranjan For the Opposite Party/s :

Mr. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 363, 366(A) of the Indian Penal Code.

As per allegation in the FIR, while the minor daughter, aged 13 years, of the informant had gone to school and did not return, a search was made by her family members. During search, informant came to know that petitioner in connivance with others had taken away her daughter by Indica Car.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Her statement u/s 164 Cr.P.C. was recorded in which she has not

Patna High Court CR. MISC. No.49150 of 2022(6) dt.27-02-2023 2/2 asserted for wrong doings against the petitioner and asserted that no ransom was made by this petitioner. Petitioner has not kidnapped the victim girl neither he had applied any force upon her. He is languishing in judicial custody since 07.05.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada in connection with Hisua P.S. Case No. 238 of 2022. (Sunil Kumar Panwar, J) sushma/- U