Nasruddin Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6570 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== NASRUDDIN SHAH S/o Amiruddin Shah Resident Of Village- Dhandhwa, P.S.- Muffasil (Aurangabad), Distt- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Pravesh Nath Tiwari For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in connection with Aurangabad Muffasil P.S. Case no. 298 of 2022 instituted for the offence under Section 366A of the Indian Penal Code.

As per allegation in the FIR, while daughter of the informant went to school but did not return, and her mobile was also getting switched off then the present FIR against unknown. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. In fact, there is love affair between the petitioner and daughter of the informant. During trial, victim was examined as P.W. 1 and she has not supported the case of prosecution. In her evidence, she has stated in para-3 that out of her own sweet will,

Patna High Court CR. MISC. No.6570 of 2023(3) dt.09-05-2023 2/2 she had gone with the petitioner to Jaipur. Both are living there as wedded couple and are in physical relationship. She has not raised any finger against the petitioner for any forceful activity. Victim girl was a consenting party as she had not raised any objection while she was being taken by the petitioner to Jaipur by train. Age of the victim has been accessed as 18 years by the lower court. Petitioner is languishing in judicial custody since 30.08.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Aurangabad Muffasil P.S. Case No. 298 of 2022.

(Sunil Kumar Panwar, J) sushma/- U