Najeeb @ Md. Najeeb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52515 of 2022 Arising Out of PS. Case No.-74 Year-2016 Thana- TARABARI District- Araria ====================================================== NAJEEB @ MD. NAJEEB SON OF ABBAS RESIDENT OF VILLAGEPAIRWAKHURI, P.S. TARABARI, DISTRICT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 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 366(A)/34 of the Indian Penal Code and sections 3⁄4 of POCSO Act. Heard learned counsel for the petitioner and learned APP for the State.

As per allegation in the FIR, while daughter of the informant had gone to school and did not return, her parents started to search her. During search they came to know that petitioner along with co-accused Safique have kidnapped her daughter.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.52515 of 2022(3) dt.04-02-2023 2/2 offence. There is love affair between the petitioner and daughter of the informant. Statement of the victim girl has got been recorded in which she has stated that out of her own sweet will, she had eloped from her house and performed marriage with the petitioner and out of the said wedlock, she blessed with a girl child and disclosed her age as 19 years. Presently she is living in her matrimonial home. Petitioner is languishing in judicial custody since 6/8/2022.

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 Additional Sessions Judge-VI-cum-Spl. Judge (POCSO), Araria in connection with Tarabari P.S. Case No. 74 of 2016. (Sunil Kumar Panwar, J) sushma/- U