Md. Sakil @ Md. Shakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73068 of 2024 Arising Out of PS. Case No.-430 Year-2023 Thana- BAISI District- Purnia ====================================================== Md. Sakil @ Md. Shakil Son of Khalil Village- Lahraniya, Ps- Triveniganj, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Helal Ahmad For the Opposite Party/s :

Mr.Mukesh Kumar Singh Md. Anjum Akhter ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-01-2025 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366A and 120B of the Indian Penal Code.

3.

The learned counsel for the petitioner submits that informant, who is father of the victim, alleges that his minor daughter was missing along with the mobile phone of her mother, further based on suspicion, he alleges that the petitioner might be involved in the occurrence. It is further submitted that from perusal of allegation as alleged in the FIR, it would manifest that the entire allegation hinges around suspicion.

Patna High Court CR. MISC. No.73068 of 2024(2) dt.17-01-2025 2/3 4.

It is next submitted that petitioner is in custody since 12-8-2024. It is further submitted that the victim was recovered and her statement was recorded under Section 164 Cr.P.C, wherein she has not stated anything against the petitioner, though she was recovered from the house of the maternal grandfather of the petitioner.

5.

At this stage, the learned APP submits that the victim was recovered from the house of maternal grandfather of the petitioner, as such, it appears that the victim was knowing the petitioner but then the victim in her statement recorded under Section 164 Cr.P.C does not support the case of the prosecution and has not taken the name of the petitioner, which amply demonstrates that she was coerced into submission not to support the case of the prosecution.

6.

The learned counsel appearing on behalf of the informant submits that under mistaken belief, the case was instituted and the informant has no objection in the event if bail is granted to the petitioner.

7.

Considering the submission made by learned counsel for the informant, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.73068 of 2024(2) dt.17-01-2025 3/3 satisfaction of the learned trial court where the case is pending/successor court in connection with Baisi P.S. Case No. 430 of 2023.

(Satyavrat Verma, J) SUMIT/- U T