Amir @ Sarfaraz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68989 of 2022 Arising Out of PS. Case No.-401 Year-2022 Thana- GORAUL District- Vaishali ====================================================== AMIR @ SARFARAZ S/O MD. ISHTYAK Resident of villageAbabakarpur, P.S.- Garaul (Kathara O.P) in the District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Goraul (Kathara O.P.) P.S. Case No. 401 of 2022, registered for the offences punishable under Sections 365, 366 (A) of the Indian Penal Code.

As per allegation, the accused persons including the petitioner had kidnapped the minor daughter of the informant. The learned counsel for the petitioner has submitted that the complicity of the petitioner has not been transpired from the statement of the victim recorded under Section 164 of the Cr.P.C. The petitioner is a person of clean antecedent.

On the other hand, the learned APP has opposed the prayer for bail and submitted that the petitioner is involved in

Patna High Court CR. MISC. No.68989 of 2022(2) dt.14-03-2023 2/2 kidnapping of minor daughter of the informant. The impugned order shows that the complicity of the petitioner was not transpired and he is under custody since 13.09.2022.

Considering the clean antecedents as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Goraul (Kathara) P.S. Case No. 401 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T