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Patna High CourtCR. MISC./70370/2022allowed

Md. Shahrukh @ Azad Shahrukh v. The State Of Bihar

2023-04-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70370 of 2022 Arising Out of PS. Case No.-135 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== MD. SHAHRUKH @ AZAD SHAHRUKH S/o Late Md. Mansoor R/vSheetlamata Gali, Ward No. 19, P.S- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 366/34 of the Indian Penal Code.

The allegation against the petitioner along with another is of kidnapping the niece of the informant. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim girl has recovered and is not a minor girl. He submitted that the statement of the victim girl recorded u/s 164 of the Cr.P.C., which is annexed with the para-83 of the case diary, in which she stated that petitioner had taken her from place of occurrence

Patna High Court CR. MISC. No.70370 of 2022(3) dt.12-04-2023 2/2 to another place. The victim girl specifically stated that the petitioner did not commit any wrong, any physical assault/abuse with her. Moreover, petitioner has got no criminal antecedent as stated in para-3 the bail petition. He is languishing in judicial custody since 03.06.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Teghrha P.S. Case No. 135 of 2022.

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