Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74006 of 2022 Arising Out of PS. Case No.-371 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== Md. Alam S/O Md. Sainul Mian @ Md. Sainul Resident of village- Manikpur, P.S.- Kathaiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal Mr. Rajeev Ranjan For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366, 366(A), 34 of the Indian Penal Code.

As per prosecution case, the allegation against the petitioner along with others is of kidnapping the daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute and dirty village politics. As per statement of the victim girl recorded u/s 164 of Cr.P.C. in para 22 of the case diary, wherein she has not stated about any physical misbehave and physical assault

Patna High Court CR. MISC. No.74006 of 2022(3) dt.03-07-2023 2/2 committed with her by the petitioner. The petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 28.08.2022. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Paroo P.S. Case No. 371 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Muzaffarpur. (Sunil Kumar Panwar, J) lata/- U T