Md. Sarfaraz @ Sarfaraz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75545 of 2024 Arising Out of PS. Case No.-502 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Md. Sarfaraz @ Sarfaraz Son of Abdul Rashid Resident of Village- Tinpainia, Ward No. 5, P.S.- Kasba, Distt.- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Dilip Kr. No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and Mr. Dilip Kr. No. 1, learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 363/366 of the IPC. 3.

As per the prosecution case, the daughter of the informant went missing from the house of the informant and on search the whereabouts of the victim could not be found. It is further alleged that the victim was married to the petitioner and after the marriage the victim was harassed by the in-laws for demand of dowry. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever took place. He has been falsely implicated in this case. It is further submitted that in para 38 of the case diary, it is mentioned that victim was fled

Patna High Court CR. MISC. No.75545 of 2024(3) dt.23-01-2025 2/2 away with co-accused Rakesh Kumar Paswan. Charge has been framed against the petitioner. There is general and omnibus allegation against the petitioner. There is no specific overt act attributed against the petitioner. The petitioner has one criminal antecedent as mentioned in para 3 of the bail application and has been languishing in custody since 10.06.2024. 5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and period of custody of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Forbisganj P.S. Case No. 502 of 2023.

7.

Petitioner is directed to cooperate in the trial. If the petitioner fails to appear before the learned Court below on two consecutive dates fixed in the case, the prosecution will be at liberty to file an application for cancellation of bail bond of the petitioner before the learned Court below.

(Anjani Kumar Sharan, J) priyanka/- U T