Md. Nayeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50528 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== Md. Nayeem Son Of Rasul Uddin Resident Of Village - Karuamour, P.S.- Chautham, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Beldour P.S. Case No. 89 of 2022 registered for the offences punishable under Sections 364, 379/34 of the Indian Penal Code. As per the prosecution, the grand-daughter of the informant has been abducted by this petitioner along with other co-accused persons.

The main submissions advanced by petitioner's learned counsel are that the petitioner is stated to be the father of the main accused Md. Shakil and two similarly situated co-

Patna High Court CR. MISC. No.50528 of 2022(4) dt.14-03-2023 2/2 accused persons Bittu Kumar and Chhotu Kumar have been granted bail by a co-ordinate Bench of this Court vide orders passed in Cr. Misc. No. 42642 of 2022 along with Cr. Misc. No. 41238 of 2022 respectively and the so-called victim has been recovered and she has recorded her statement under Section 164 of Cr.P.C. in which she denied the allegation of the FIR and the petitioner has been languishing in jail since 13.04.2022 having fair and clean antecedent.

Learned APP appearing for the State has opposed the prayer for bail.

Considering the above submissions and mainly the victim's statement recorded under Section 164 of Cr.P.C. which completely goes against the allegations of the FIR and two named co-accused persons are on bail, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Beldour P.S. Case No. 89 of 2022.

(Shailendra Singh, J.) maynaz/- U T