Israful Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74212 of 2022 Arising Out of PS. Case No.-188 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== Israful Khatoon W/O Late Budur Mia R/V- Bishanpur, P.O.- Basudevpur, P.S.- Laukaha, District- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash Mr. Gagandeo Yadav Mr. Rajesh Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 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, 366(A)/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner and other co-accused persons abducted the daughter of the informant on the point of gun.

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

Patna High Court CR. MISC. No.74212 of 2022(2) dt.23-03-2023 2/3 falsely been implicated in the present case due to the fact that she is mother of co-accused Md. Mokhtar. The victim has not whispered about the involvement of petitioner in the alleged offence. From perusal of the medical report it appears that there is no any medical evidence of sexual assault found at the time of examination of the victim. Moreover, the petitioner is languishing in judicial custody since 20.07.2022. 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, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Laukaha P.S. Case No. 188 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.74212 of 2022(2) dt.23-03-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jhanjharpur, Madhubani.

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