Md. Ashique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57312 of 2022 Arising Out of PS. Case No.-78 Year-2022 Thana- KADWA District- Katihar ====================================================== Md. Ashique Son Of Md. Nayeem R/O Village- Mogoan Kothi, P.S.- Kadwa, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Kadwa P.S. Case No. 78 of 2022 registered under Section 366(A) of the Indian Penal Code.

It is a case of abduction of the informant's minor daughter aged about 14 years by the petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to village politics. The victim did not whisper the complicity of the petitioner in her statement recorded under Section 164 of Cr.P.C., rather she stated that the petitioner brought her to his

Patna High Court CR. MISC. No.57312 of 2022(2) dt.18-01-2023 2/2 relatives house at Katihar but not done any wrong with her and also not made allegation of kidnapping against the petitioner. A statement has been made in para 3 of this petition that petitioner has got no criminal antecedent. He is languishing in judicial custody since 21.03.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kadwa P.S. Case No. 78 of 2022 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 CJM, Katihar.

(Sunil Kumar Panwar, J) shubham/- U T