Md. Mustafa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1289 of 2024 Arising Out of PS. Case No.-481 Year-2022 Thana- RAMPUR District- Gaya ====================================================== Md. Mustafa Son Of Md. Munna Resident Of Mohalla - Panchayati Akhara, Bankey Gali, P.S. - Kotwali, District - Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366(A) of the Indian Penal Code.

3. Prosecution case in nutshell is that on the alleged date, his daughter went to the market but did not return. Even after intense search, she could not be traced out.

4.Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is not named in F.I.R. and he has falsely been

Patna High Court CR. MISC. No.1289 of 2024(4) dt.03-04-2024 2/3 implicated in this case due to ulterior motive. It is further submitted that the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C., in which she has not whispered any complicity of the petitioner rather she stated that she went out of her own sweet will with the petitioner and solemnized marriage in Jaipur. Moreover, he is languishing in judicial custody since 04.08.2023. It is further submitted that after the present occurrence, the daughter of the informant again fled away with the petitioner for which the informant had lodged Rampur P.S. Case No. 730 of 2022 and in that case, the petitioner has been granted bail vide order dated 23.08.2023, passed in Cr. Misc. No. 40083 of 2023 by this Court.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rampur P.S. Case

Patna High Court CR. MISC. No.1289 of 2024(4) dt.03-04-2024 3/3 No. 481 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IV, Gaya.

(Sunil Kumar Panwar, J) Nirajkrs/- U T