Shahid @ Md. Shahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63481 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- BHARGAMA District- Araria ====================================================== SHAHID @ MD. SHAHID SON OF FUL MOHAMMAD VILLAGECHAINPUR, WARD NO. 01, PS- SRINAGAR, DIST- MADHEPURA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv. with Mr. Ramesh Kumar Singh and Mr. Sanjay Kumar Singh, Advocates For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363 and 366(A) of the Indian Penal Code.
3. As per prosecution case, some unknown miscreants abducted the daughter of the informant, when she went to attend nature's call.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.63481 of 2023(3) dt.19-12-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. There has been delay of about seven days in lodging the FIR. The victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she stated that she met with one boy two months ago and thereafter they were talking to each other. The victim girl further submitted that there was love affair between them and this petitioner taken her in Ludhiyana and stated his name Shiva but, the victim girl has got knowledge that the real name of the petitioner was Shahid (petitioner) and he establishing physical relation with her. From the perusal of the Medical report, it appears that the doctor opined the age of victim girl is about 18 to 20 years. The case has been lodged u/s 363 and 366A of the IPC but charge-sheet has been submitted in other Section. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 22.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged
Patna High Court CR. MISC. No.63481 of 2023(3) dt.19-12-2023 3/3 on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Araria in connection with Bhargama P.S. Case No. 84 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T