Md. Sarfaraj Ashraf @ Sarfraj Khan @ Md. Sarfaraz Ashraf Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62624 of 2024 Arising Out of PS. Case No.-295 Year-2023 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Md. Sarfaraj Ashraf @ Sarfraj Khan @ Md. Sarfaraz Ashraf Khan Son of Md. Ashraf Ali @ Ashraf Ali, Resident of village- Semraha P.S.- Rajepur ,DistrictEast Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Shankar Singh, Advocate For the State :

Mr. Arun Kumar Singh, APP For the Informant :

Mr. Hans Lal Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in connection with Tariyani P.S. Case No.295 of 2023 instituted under Sections 363, 366A and 34 of the Indian Penal Code.

3. As per prosecution case, on 22.12.2023 when the sister of informant was returning from coaching center, in the meantime the petitioner along with co-accused persons kidnapped her and taken her away on motorcycle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the victim in her statement recorded under Section 164 of Cr.P.C. has not alleged anything

Patna High Court CR. MISC. No.62624 of 2024(2) dt.25-09-2024 2/2 against the petitioner. The victim also stated that due to pressure of study she left her house. He further submits that the petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial of the case.

5. Learned A.P.P. for the State as well as learned counsel for the informant oppose the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No.295 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T