Md. Shakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74054 of 2019 Arising Out of PS. Case No.-177 Year-2019 Thana- MITHANPURA District- Muzaffarpur ====================================================== Md. Shakil Son of Md. Noor Resident of Mohalla- Rambag Chauri, P.S.- Mithanpura in the District of Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 366(A), 34 of the Indian Penal Code.

Informant in her written complaint has alleged that on 06.08.2019 at about 5:00 p.m. her minor daughter Rani Parveen went to grocery shop to purchase some household articles but thereafter did not return and she subsequently informed that the petitioner took her away for some unlawful purpose. It has been submitted on behalf of the petitioner that he is innocent and allegations are false. The girl has been found to be major and in her statement recorded under Section 164 Cr.P.C. she has stated that the petitioner forcibly took her on motorcycle from shop and thereafter her brother came and brought her to her residence. There is no allegation of any

Patna High Court CR. MISC. No.74054 of 2019(2) dt.11-12-2019 2/2 sexual assault against the petitioner. Petitioner has no criminal antecedent and he is in custody since 09.08.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Mithanpura P.S. Case No. 177 of 2019, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) mdrashid/- U T