Patna High CourtCR. MISC./82314/2023bail granted

Rehan Khan @ Kalim Mohammad v. The State Of Bihar

2024-03-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82314 of 2023 Arising Out of PS. Case No.-79 Year-2022 Thana- DUMRAO District- Buxar ====================================================== Rehan Khan @ Kalim Mohammad, S/O Salim Khan @ Mohammad Salim Pawari R/O Village- Gosala Road, Dumraon Ward No. 8, P.S.- Dumraon, Dist.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dimpal Kumari, Adv.

For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Dumraon P.S. Case No. 79 of 2022, lodged on 15.02.2022 under Sections 363, 365 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against the sole petitioner against whom there is an allegation of kidnapping of the informant's daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the alleged victim girl has been recovered and she has narrated in her statement before the police as well as before the Trial Court under section 164 of Cr.P.C. Counsel

Patna High Court CR. MISC. No.82314 of 2023(3) dt.05-03-2024 2/2 further submits that in the rejection order, it has been acknowledged that she is pregnant of 35 weeks and she has also refused for medical examination.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is clean and he is in custody since 06.02.2023. Counsel further submits that chargesheet has already been filed in this case.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 79 of 2022, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J.) Divyansh/- U T