Md. Taufik @ Md. Taifik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78405 of 2024 Arising Out of PS. Case No.-49 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Md. Taufik @ Md. Taifik, Male, aged about 23 years, S/O Md Ibrar, R/O English, Ward No. 4, P.S. and District- Lakhisarai- 811311. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Md. Ruhani Khatun, D/O Md. Kalim, R/O English, Ward No. 04, Distt. and P.S- Lakhisarai.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Adil Abbas, Advocate, Mr. Dharam Deepak Vishwash, Advocate and Saurav Suman, Advocate For the State :

Mrs. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-02-2025 This matter has been listed under the heading 'For Orders (on office notes). Learned counsel for the opposite party no. 2 has appeared.

2. Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.

3. The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 49 of 2023 dated 20.01.2023 registered for the offences punishable under Sections 341, 323, 363, 365 read with Section 34 of the I.P.C. and Section 6 of the POCSO Act.

4. As per the prosecution case, on 19.01.2023 at about

Patna High Court CR. MISC. No.78405 of 2024(3) dt.19-02-2025 2/3 5.30 P.M., the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. There was love affair between the parties. The victim in her statement recorded under Section 164 of the Cr.P.C., has stated that she went with the petitioner of her own will and married with him and marriage certificate to that effect has been issued and annexed as Annexure-P/2 to the present bail petition. It is further submitted that after the marriage the petitioner and the victim were living happily and out of their wedlock, a baby child was born on 08.11.2023. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 21.08.2024.

6. Learned A.P.P. for the State and learned counsel for the opposite party no. 2 have opposed the prayer for bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.78405 of 2024(3) dt.19-02-2025 3/3 the learned POCSO Special Judge, Lakhisarai in connection with Lakhisarai P.S. Case No. 49 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T