Patna High CourtCR. MISC./71866/2023allowed

Ahmad Raja v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71866 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== Ahmad Raja Son Of Ansar Hussain Resident Of Village - Dhobadi, P.S.- Narayanpur, District - Bhojpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 370/34 of the Indian Penal Code and Section 79 of J.J. Act.

3. The allegation against the petitioner and coaccused Mujahid Hussain took away children for working as labour in construction company at Ahmadabad.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.71866 of 2023(2) dt.07-11-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that parents of the victim have sworn affidavit that they have sent the children themselves, without any fear or pressure. There is no any documentary evidence to support the prosecution version of the case. Moreover, the petitioner is languishing in judicial custody since 13.07.2023.

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

6. 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 Ara Rail P.S. Case No. 102 of 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 Railway Judicial

Patna High Court CR. MISC. No.71866 of 2023(2) dt.07-11-2023 3/3 Magistrate, Ara, Bhojpur.

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