Kaif Raza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61656 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- NAVINAGAR District- Aurangabad ====================================================== Kaif Raza Son of Amin Ansari Resident of Village- Raghunath Ganj, P.SNabinagar, Distt.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Singh, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-11-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in Nabinagar P.S. Case No. 167 of 2024, instituted for the offences punishable under Section 366/34 of the Indian Penal Code.
3. The prosecution case, in short, is that, daughter of the informant had gone to silai centre but she did not return to her house. The informant ascertained that the petitioner and his family members have kidnapped his daughter.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that
Patna High Court CR. MISC. No.61656 of 2024(3) dt.14-11-2024 2/3 during investigation the petitioner and victim went to the police station on their own and surrendered there. There is delay of two days in lodging the FIR. The victim in her statement recorded under Section 161 Cr.P.C. has stated that she had gone to Varanasi with her friend i.e. the petitioner. She has categorically stated that the petitioner had explored the city after making physical relation with her. The victim in her statement recorded under Section 164 Cr.P.C. has also stated that she on her own will left her house with the petitioner to explore the city. It is further submitted that the victim has refused to get her medically examined, hence, no medical examination was done. The petitioner is in custody since 23.06.2024 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.61656 of 2024(3) dt.14-11-2024 3/3 below/concerned Court in connection with Nabinagar P.S. Case No. 167 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T