Arwaz Shah @ Arwaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69306 of 2024 Arising Out of PS. Case No.-332 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== Arwaz Shah @ Arwaz Alam, Son of Md. Nazir Shah, Resident of VillageRelwara Tola Dargah Pokhar, P.S.- Belaganj, District - Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Imatyaz Ansari Aged 40 years, Male S/o Late Nasrullah Village Rewara, P.S. Belaganj, Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sadanand Mishra, Advocate Mr. Deepak Kumar, Advocate For the State :

Mr. Mohammed Arif, APP For the Informant :

Mr. Mr. Rashid Izhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-02-2025 Heard Mr. Sadanand Mishra, learned counsel for the petitioner, Mr. Mohammed Arif, learned APP for the State and Mr. Rashid Izhar, learned counsel for the Informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 366(A), 341, 323 and 504/34 of the Indian Penal Code.

3. The case of the prosecution is that the minor daughter of the informant has gone to take tuition in the morning. When she did not return for a considerable time then the informant started searching her. The informant came to know that the petitioner has kidnapped the daughter of the informant.

4. Learned counsel for the petitioner has submitted that during course of investigation the victim has been recovered and she has given her statement under Sections 161 and 164 Cr.P.C. In her statement under Section 161 Cr.P.C. she has stated that she was

Patna High Court CR. MISC. No.69306 of 2024(5) dt.20-02-2025 2/2 in talking terms with the petitioner and she has gone with him on her own will. In her statement under Section 164 Cr.P.C. also she has stated that she was on talking terms with the petitioner but she has stated that she was forcefully taken to Rajgir by the petitioner. There is contradiction in both the statements. The statement of 161 Cr.P.C. is the previous statement of the victim.

5. The application for bail is opposed by learned APP for the State and learned counsel for the Informant.

6. Having heard learned counsel for the parties and considering the above facts and circumstances, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the court of learned Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 332 of 2024.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T