Patna High CourtCR. MISC./50266/2019bail granted

Abdul Doi Maari v. The State Of Bihar

2019-08-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50266 of 2019 Arising Out of PS. Case No.-125 Year-2019 Thana- MADHAURAH District- Saran ====================================================== Abdul Doi Maari, Son of Enul Haque @ Md. Ainul Haque, Resident of Village - Udal Guddi Station @ Udal Guri Station, Block - Ward No.4, Police Station - Udal Guddi @ Udal Guri, District - Udal Guddi @ Udal Guri (B.T.A.D.) (Asam) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Binod Singh, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

The FIR relates to kidnapping of the minor daughter of the informant.

Submission is that though the victim in her statement, under Section 164 Cr.P.C., stated that the petitioner had forcefully taken her to Silliguri. However, the recovery statement made by the police in paragraph 14 of the case diary would make it clear that the victim and the petitioner were intercepted when they were taking tea at the tea-stall.

Patna High Court CR. MISC. No.50266 of 2019(2) dt.13-08-2019 2/2 The aforesaid fact would apparently show that the victim was a consenting party.

Finding substance in the submission aforesaid, let the petitioner, above named, be released 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 Court below where the case is pending in connection with Marhaura Police Station Case No. 125 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T