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Patna High CourtCR. MISC./1220/2023allowed

Md. Zakir @ Zakir v. The State Of Bihar

2023-05-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1220 of 2023 Arising Out of PS. Case No.-87 Year-2022 Thana- SIKTI District- Araria ====================================================== Md. Zakir @ Zakir S/O Md. Yasin Resident Of Village- Muraripur, Ward No02, P.S.- Sikty, District- Araria. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 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 366(A) and 354(D) of the Indian Penal Code.

Allegation against the petitioner is that he fled away with the daughter of informant for the purpose of solemnization of marriage.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is stated in

Patna High Court CR. MISC. No.1220 of 2023(3) dt.04-05-2023 2/3 para 7 of the petition that there was love affair between the victim and the petitioner. Subsequently, they got married. She has stated in her statement recorded u/s 164 of Cr.P.C. that petitioner and others took her away in Bolero after tying her eyes and kept her 12 days thereafter she escaped from there. She has not whispered about commission of physical misbehave or sexual assault by the petitioner with her. Victim is a mature and aged lady. It is also submitted that petitioner is languishing in judicial custody since 05.11.2022. 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

Patna High Court CR. MISC. No.1220 of 2023(3) dt.04-05-2023 3/3 bail in connection with Sikty P.S. Case No. 87 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria. (Sunil Kumar Panwar, J) Nirajkrs/lata/- U T