Junaid Ali @ Md. Junaid Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62856 of 2023 Arising Out of PS. Case No.-600 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== JUNAID ALI @ MD. JUNAID ALI, SON OF SIBALI @ MOHAMMAD SIVALI, RESIDENT OF VILLAGE AND P.O. AND P.S.- BAHERA, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Shahnawaz Ali, Advocate For the State :

Dr. Ajeet Kumar, APP For the Informant :

Mr. Ashish, Advocate Mr. G.C. Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-12-2023

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner has preferred this application for grant of regular bail in connection with Bahera P.S. Case no. 600 of 2022, registered under sections 420 and 506 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the petitioner used to come to give tuition to his daughter, took his 16 year old girl into confidence and on the false promise of getting her a job got her to give the gold ornaments to the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No such

Patna High Court CR. MISC. No.62856 of 2023(4) dt.13-12-2023 2/3 occurrence as alleged in the FIR has taken place. Learned counsel further submits that the relationship between the parties were strained. He refers to the FIR at Annexure-2 to the petition and submits that in the said case the daughter of the informant returned and has given a statement contrary to the allegations in the said F.I.R. The petitioner is in custody since 16.5.2023.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that there is direct allegation against the petitioner who has several criminal antecedents. It is further submitted that it has transpired in course of investigation that a audio recording between the informant and the petitioner wherein the petitioner undertakes to return the gold ornaments has been provided to the Investigating Officer.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, his being in custody for about 7 months since 16.5.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Bahera P.S. Case no. 600 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.62856 of 2023(4) dt.13-12-2023 3/3 like amount each to the satisfaction of the learned A.C.J.M-I, Benipur, Darbhanga.

(Partha Sarthy, J) avinash/- U T