Md. Javed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.420 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Md. Javed S/O Late Md. Tamanna @ Tamanne R/O Village/MohallaKathalbari, P.S.- Lalit Narayan Mithila University, Distt- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366, 341, 504, 323, 34 of the Indian Penal Code.

As per prosecution case, informant alleged that on 04.06.2022, petitioner along with co-accused persons kidnapped her daughter and when she went house of the petitioner his parents abused and scuffled with her. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The statement of the victim recorded under Section 164 of the Cr.P.C. which is

Patna High Court CR. MISC. No.420 of 2023(3) dt.27-04-2023 2/2 annexed as para 19 of the case diary in which she stated that she went with this petitioner with her own sweet will and lived with him about ten days but petitioner has not committed any physical assault and physical misbehave with her. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 18.10.2022.

Learned APP appearing for the state has 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 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 Lalit Narayn Mithila University P.S. Case No. 175 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge(POCSO Act), Darbhanga.

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