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Patna High CourtCR. MISC./55428/2023allowed

Wasim Akaram v. The State Of Bihar

2023-10-09Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55428 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== WASIM AKARAM Son of Md. Abid Mallick Residing at House no. 499, Mohalla - Alba Coloney, Ranipur Road, P.O. and P.s. - Phulwari Sharif, Distt. - Patna, Pin 801505 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Nayan Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner has filed a supplementary affidavit in the present case.

3. Let it be kept on record.

4. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 365 of the Indian Penal Code.

5. The allegation against the petitioner is that he along with one other co-accused person kidnapped a boy, namely, Wadil.

Patna High Court CR. MISC. No.55428 of 2023(2) dt.09-10-2023 2/3

6. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Prior to the present case, the mother of the petitoner, namely, Yasmin Parvin lodged a case against the informant. Thereafter, to save his skin in the above mentioned case, the informant has filed the present case against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

7. Learned APP for the State opposed the prayer for bail and submitted that petitioner is involved in the present case.

8. Having regard to the facts and circumstances of the case, as petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with

Patna High Court CR. MISC. No.55428 of 2023(2) dt.09-10-2023 3/3 Phulwari Sharif P.S. Case No. 39 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T