← Library
Patna High CourtCR. MISC./60737/2023allowed

Md Tahir v. The State Of Bihar

2023-11-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60737 of 2023 Arising Out of PS. Case No.-185 Year-2023 Thana- KOTWALI District- Patna ====================================================== Md Tahir S/O Md. Ajju @ Ayub Miyan R/O Mohalla- Daroga Ray Path, ABlock, Ps. Kotwali, P.O.- G.P.O., Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 366(A) of the Indian Penal Code.

It is alleged by the informant that the petitioner abducted the minor daughter of the informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the

Patna High Court CR. MISC. No.60737 of 2023(3) dt.02-11-2023 2/3 victim girl were friends since childhood and the victim girl has accepted in her statement recorded under Section 164 Cr.P.C that she voluntarily went in the house of the petitioner. She did not allege any physical or sexual assault against the petitioner. The victim was not sent for medical examination, hence her age could not be determined. The petitioner is languishing in custody since 14.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IV, Patna in connection with Kotwali P.S.

Patna High Court CR. MISC. No.60737 of 2023(3) dt.02-11-2023 3/3 Case No. 185 of 2023, arising out of Sessions Trial No. 666/2023.

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