Ahsan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66532 of 2021 Arising Out of PS. Case No.-140 Year-2021 Thana- SANDESH District- Bhojpur ====================================================== Ahsan Son of Md. Mahfuj Alam @ Md. Mahfuj Ahmad Resident of Village - Kori, Police Station - Sandesh, District - Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-05-2022 Heard counsel for the petitioner and the learned APP for the State.

The petitioner is in connection with Sandesh P.S. Case No. 140 of 2021 instituted under section 363/365 of the Indian Penal Code.

As per the prosecution story, the informant alleged that his 14 years old daughter has been allured and taken away by the petitioner herein on 30.7.2021. He further got information from the villagers that the victim and the petitioner had fled away and the victim took away the gold ornaments and cash. Subsequently, the girl was recovered and her statement was recorded under Section 164 of the Cr.P.C. which forms part of this bail application as Annexure-2.

The victim girl has made statement under section 164

Patna High Court CR. MISC. No.66532 of 2021(2) dt.12-05-2022 2/3 of the Cr.P.C. that after being scolded by her parents, she had left her residence on her own and at Patna she met this petitioner. The petitioner offered her to take her to her home but she refused going there. Accordingly, she started working in a cloth shop. Later, she went to Ludhiana along with this petitioner and after some time they returned. She has further stated that she has not married the petitioner herein.

Taking into account the aforesaid fact as also the charge-sheet has already been submitted and the petitioner is in custody since 7.8.2021 (as stated in para-15 of the bail application); this Court is inclined to grant the privilege of bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Bhojpur at Ara, in connection with Sandesh P.S. Case No. 140 of 2021 subject to the following conditions:- (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of

Patna High Court CR. MISC. No.66532 of 2021(2) dt.12-05-2022 3/3 bail by the Trial Court itself;

(ii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observation, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T