Md. Arzoo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66214 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Md. Arzoo, aged about 19 years, Male, Son of Md. Jahangir, resident of Village- Vishanpur Ratwara, Police Station- Bajpatti, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Das, Advocate For the Opposite Party/s :

Ms. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-10-2024 Heard Mr. Pankaj Kumar Das, learned counsel appearing on behalf of the petitioner and Ms. Meena Singh, learned APP for the State.

2. Petitioner seeks regular bail in connection with Bajpatti P.S. Case No. 13 of 2024 registered for offences punishable under Sections 376/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, co-accused Md. Istekhar had committed wrong with the informant for twenty days by kidnapping her along with the other accused persons including the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Petitioner has no concerned with the alleged offence nor he has kidnapped the victim.

Patna High Court CR. MISC. No.66214 of 2024(2) dt.01-10-2024 2/3 Allegation of kidnapping and committing wrong with the informant is against co-accused Md. Istekhar, who is elder brother of the petitioner, who had forcibly kept the informant for twenty days and committed wrong and had also forced her to marry with him. Petitioner has clean antecedent and he is in custody since 22.06.2024. On these grounds, petitioner seeks to be released on bail.

5. Learned A.P.P., for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering nature of allegation made in the FIR against the petitioner, as well as, the period of custody undergone by the petitioner, who is in custody since 22.06.2024, the learned District Court is directed to release the petitioner, above named, on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI-cumSpecial Judge, POCSO Act, Sitamarhi, in connection with Bajpatti P.S. Case No. 13 of 2024 subject to the following conditions:

(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

Patna High Court CR. MISC. No.66214 of 2024(2) dt.01-10-2024 3/3 (ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.

(v) The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T