Md. Shahnawaz @ Shanawaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63639 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- BALRAMPUR District- Katihar ====================================================== Md. Shahnawaz @ Shanawaz Son of Md. Ismail vill -Malickpur, Aambari, ps -Balrampur, Dist -Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Helal Ahmad For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366A of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case with an allegation that petitioner along with other kidnapped his minor daughter for the purpose of marriage. The learned counsel for the petitioner next submits that the petitioner works at Chennai and he was not even aware that the victim was missing from her house.

4 Learned A.P.P., after perusing the case diary submits

Patna High Court CR. MISC. No.63639 of 2024(3) dt.17-12-2024 2/3 that the statement of victim was recorded under section 164 Cr.P.C., wherein she has not supported the case of prosecution rather has stated that she on her own volition left her house and went to stay at her friend's place, further has also stated that the Mukhiya of the village along with some persons came the house of her friend Shehnaz and took her from there to the police station and thereafter her statement was recorded under section 164 Cr.P.C., further on query of the court that where the victim wants to go, on which, she replied that she wants to stay at her friend's place. The learned counsel for the petitioner thus submits that from perusal of the statement of the victim recorded under section 164 Cr.P.C., it would manifest that she has not even remotely suggested about the involvement of the petitioner in her kidnapping/missing.

5. The learned counsel appearing on behalf of the informant also is not in a position to rebut the said submission of the learned counsel appearing on behalf of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees

Patna High Court CR. MISC. No.63639 of 2024(3) dt.17-12-2024 3/3 Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Balrampur P.S. Case No.84/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T