Irshad @ Raja @ Irshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74056 of 2023 Arising Out of PS. Case No.-186 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Irshad @ Raja @ Irshad Alam Son Of Md. Helal Resident Of Village - Katiya, Police Station - Birpur (Bhim Nagar O.P.), District - Supaul ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 365/34 of the Indian Penal Code.

Allegation against the petitioner and other coaccused persons is that they abducted the minor daughter of informant. It is alleged that accused persons abducted the daughter of informant on 15.05.2023 and took away to Jaipur and brought her back on 22.05.2023. it is further alleged that accused persons

Patna High Court CR. MISC. No.74056 of 2023(3) dt.09-01-2024 2/3 again abducted the informant's minor daughter on 2.06.2023.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Victim has not whispered about the complicity of petitioner in her abduction, in her statement, recorded under Section 164 of Cr.P.C. She has stated that she has went to Jaipur with the petitioner and when she got knowledge that the petitioner belongs to Muslim community, she did not incline to solemnize marriage with him. Moreover, the petitioner is languishing in judicial custody since 14.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.74056 of 2023(3) dt.09-01-2024 3/3 this Court is inclined to enlarge the petitioner on bail, after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail, after framing of charge, if not framed in connection with Birpur (Bhimnagar O.P.) P.S. Case No. 186 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge VI-cum-Special Judge POCSO, Supaul.

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