Md. Murad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62307 of 2021 Arising Out of PS. Case No.-378 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== MD. MURAD S/o Md. Munna R/o Village- Gajipur, P.S.- Bathnaha, DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363, 364A and 120B of the Indian Penal Code.

As per the prosecution case, the infant daughter of the informant went missing.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation when some witnesses allegedly named the petitioner and others as being involved in the kidnapping and as per the said information the victim was kept in the house of co-accused Md. Salauddin. It is stated that on raid being conducted the informant's daughter was not recovered from the said house of Md. Salauddin but

Patna High Court CR. MISC. No.62307 of 2021(4) dt.17-05-2022 2/2 was recovered in front of the registry office. It is submitted that the prosecution is only relying on the confessional statement of the petitioner and the accused made before police. The petitioner is in custody since 23.7.2021 and has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the materials on record, the informant's daughter not having been recovered from the custody of the petitioner but from a place in front of the registry office together with the petitioner having been remained in custody for 9 months and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Sitamarhi P.S. Case no. 378 of 2021 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 C.J.M., Sitamarhi.

(Partha Sarthy, J) Prakash/- U