Patna High CourtCR. MISC./83442/2024bail granted

Md. Rahamtullah @ Md. Aryan v. The State Of Bihar

2025-03-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83442 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Md. Rahamtullah @ Md. Aryan S/O Md. Saiful R/O village - Bhelwatol , P.S.- Jaynagar, District - Madhubani.

... ... Petitioner/s

Versus

The State of Bihar 2.

Lal Babu Das aged 44 years (M), S/o Satya Narayan Das R/o village -Nawtoli Mahtha, Ward no-7 p.s.- Ladaniya, Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate :

Mr. Ravi Prakash, Advocate :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Ladaniya P.S. Case No. 139 of 2024 instituted for the offences under Sections 363, 366A of the Indian Penal Code.

3. Accusation against the petitioner is of kidnapping the daughter of the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that victim in her

Patna High Court CR. MISC. No.83442 of 2024(5) dt.06-03-2025 2/3 Statement recorded under Section 164 of the Cr.P.C. has specifically stated that she left her house on her own sweet will and this petitioner never gave any compulsion or threat to her. He further submitted that nothing has been whispered against the petitioner in Section 164 Cr.P.C. statement of the victim. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.09.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that police after investigation submitted charge-sheet under Sections 363, 366A of the IPC.

6. Considering the aforesaid facts and circumstances of the case, there being no material against the petitioner in Section 164 Cr.P.C. statement of the victim as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ladaniya P.S. Case No. 139 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.83442 of 2024(5) dt.06-03-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T