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Patna High CourtCR. MISC./5956/2017bail granted

Afuja Mansuri @ Mahfuz Kuraisi @ Mahfumi Kuraisi @ Akuja Mansuri v. The State Of Bihar

2017-02-22Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5956 of 2017 Arising Out of PS.Case No. -295 Year- 2016 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Afuja Mansuri @ Mahfuz Kuraisi @ Mahfumi Kuraisi @ Akuja Mansuri, son of Maksud Kuraisi, Resident of village- Guhatti Mohalla Ward No. 14, Jagdishpur, P.S. Jagdishpur, District Bhojpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binay Kumar, Advocate For the Opposite Party : Smt. Anita Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Jagdishpur P.S. Case No. 295 of 2016, registered for the offences punishable under Sections 363, 365/34 of the Indian Penal Code.

Allegedly, the petitioner is named in the F.I.R. who has kidnapped the daughter of the informant but the victim after recovery in her statement recorded under Section 164 of Cr.P.C. has not stated the name of the petitioner and she has stated that Phulkan kidnapped her and the brother and bhabhi of Phulkan assisted.

Submission is of false implication and that the victim in her statement has not stated the name of the petitioner only on

Patna High Court Cr.Misc. No.5956 of 2017 (2) dt.22-02-2017 2/2 suspicion the petitioner has been named and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. after going through Annexure-2 the statement of the victim girl, fairly submits that the name of the petitioner has not come in the statement of the victim recorded under Section 164 of Cr.P.C.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XI, Bhojpur at Ara, in connection with Jagdishpur P.S. Case No. 295 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T