Md. Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70809 of 2023 Arising Out of PS. Case No.-336 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== Md. Faiyaz Son Of Md. Amirzada Resident Of Village - Pirbuxpur, P.S. - Baheri, District - Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Fahad Khurshid For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 366/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with other co-accused persons tried to abduct her and upon cry, the locals assembled and caught hold them. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no

Patna High Court CR. MISC. No.70809 of 2023(3) dt.23-01-2024 2/3 specific allegation against the petitioner. The victim has not whispered about the complicity of petitioner in the alleged offence, in her statement recorded under Section 164 of Cr.P.C. She has stated that co-accused Md. Sohrab used to blackmail her. Moreover, the petitioner is languishing in judicial custody since 05.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused Md. Sohrab has been granted bail vide order dated 24.11.2023, passed in Cr. Misc. No. 73554 of 2023 by the co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 on bail in connection with Bahera P.S. Case No. 336 of

Patna High Court CR. MISC. No.70809 of 2023(3) dt.23-01-2024 3/3 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Benipur, Darbhanga.

(Sunil Kumar Panwar, J) Nirajkrs/- U T