Aman Samani @ Md. Farukh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73885 of 2023 Arising Out of PS. Case No.-561 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== AMAN SAMANI @ MD. FARUKH Son of Likayat Ali @ Md. Liyakat Ali Resident of Mohalla - Mahadeva Road Ara, P.S.- Ara Town, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Firoz Ahmad For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366A, and 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner and co-accused persons abducted her daughter due to ulterior motives.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of suspicion. As per statement of the victim recorded under Section 164 of the Cr.P.C., which is annexed with Case Diary, it appears that the

Patna High Court CR. MISC. No.73885 of 2023(3) dt.18-01-2024 2/2 victim is a major and the petitioner established physical relation with her and also solemnized Court marriage, from which it appears that there is consensual relation between the parties and the petitioner is also ready to keep her with full honour and dignity. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.07.2023.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ara Town P.S. Case No. 561 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara. (Sunil Kumar Panwar, J) manishkumar/- U T