Rehan Alam @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71539 of 2022 Arising Out of PS. Case No.-855 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Rehan Alam @ Guddu Son Of Rehmat Ali R/O Vill.- Doriya Sonpur, P.S.- Farbesganj, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 363 of the Indian Penal Code.

It is a case of kidnapping of the 3 1⁄2 years minor son of the informant by co-accused Sanaullah. The informant in his subsequent statement has also alleged that the petitioner was also involved in kidnapping of his son.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.71539 of 2022(8) dt.02-08-2023 2/3 been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Md. Sanaullah. The said Md. Sanaullah confessed his guilt and stated that he had thrown the boy in the river. During investigation, no consistent material evidence has been collected against the petitioner to connect him with the present case and only on the basis of suspicion, the petitioner has been roped in the present case. There is no eye witness to the occurrence. The petitioner is languishing in custody since 18.08.2022.

Learned counsel appearing on behalf of the informant and A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that co-accused Md. Sanaullah has taken the name of the petitioner as his associate. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.71539 of 2022(8) dt.02-08-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Farbisganj Simraha P.S. Case No. 855 of 2022.

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