Md. Rijawan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71554 of 2023 Arising Out of PS. Case No.-418 Year-2022 Thana- CHAKAND District- Gaya ====================================================== Md. Rijawan Son of Md. Mustak @ Md. Mustaqu Ansari, Resident of Chakand Bazar, Chakand, Bihar, 804404.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyadarshi Pankaj Raj Anand, Advocate.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Chakand P.S. Case No.418 of 2022, registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he has kidnapped the minor daughter of the informant with the help of co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is close relative of the victim and due to some misconception, this case has been lodged. He further submits that the victim in her statement recorded under Section 164 Cr.P.C. has not made any allegation against the petitioner. He

Patna High Court CR. MISC. No.71554 of 2023(5) dt.31-01-2024 2/2 also submits that petitioner has no criminal antecedent and he is in custody since 18.07.2023. Learned counsel submits that charge sheet has already been submitted in this case and there is no chance of absconding the petitioner or tampering with the evidence. He further submits that similarly situated co-accused persons has been granted bail by the Co-ordinate Bench of this Court vide order dated 21.07.2023 passed in Cr. Misc. No.33118 of 2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, 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 learned Additional District and Sessions Court 6th-cum-Special Judge, POCSO, Gaya in connection with Chakand P.S. Case No.418 of 2022. (Sunil Dutta Mishra, J) Ritik/- U T