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Patna High CourtCR. MISC./58879/2022allowed

Ferhan Ali Siddiki v. The State Of Bihar

2023-02-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58879 of 2022 Arising Out of PS. Case No.-96 Year-2022 Thana- BARSOI District- Katihar ====================================================== Ferhan Ali Siddiki S/O Chandu Siddiki @ Mahmood Ali, Resident Of Village- Miyan Ka Bhatkan, P.S.- Andar, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 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 a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act. It is a case of abduction of minor daughter of the informant by the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that no occurrence as alleged has ever been

Patna High Court CR. MISC. No.58879 of 2022(2) dt.02-02-2023 2/3 committed. The victim girl in her statement recorded under Section 164 of Cr.P.C has stated that she fell in love with the petitioner and went away with him with her own sweet will. She has not stated about the complicity of petitioner in the alleged occurrence. Nothing wrong has been found committed by the petitioner with the victim girl. Moreover, petitioner is languishing in judicial custody since 14.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Barsoi P.S. Case No. 96 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two

Patna High Court CR. MISC. No.58879 of 2022(2) dt.02-02-2023 3/3 sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VII-cum-Special Judge, POCSO, Katihar.

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