The High Court at Patna, allowed the petition for regular bail under Sections 366(A) and 363/34 of the IPC, directing the petitioner's release on a bond of Rs. 10,000 with two sureties.
Direction to release the petitioner on bail in connection with P.S. Case No. 164 of 2022 on furnishing a bail bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13086 of 2023
Arising Out of PS. Case No.-164 Year-2022 Thana- KHAGARIA District- Khagaria
======================================================
MD. SOLJAR @ SOLJAR Son of Mustakim @ Md. Mostakim Resident of village - Mehsouri, P.S.- Muffasil, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Umanath Mishra ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 10-07-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366(A) & 363/34 of the Indian Penal Code.
According to the FIR, the informant alleged that the petitioner abducted her daughter, aged about 15 years on the pretext of solemnization of marriage. Thereafter, this case has been lodged.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. The victim girl recovered and she did not support the prosecution in her statement recorded u/s 164 of Cr.P.C. She has also not
Patna High Court CR. MISC. No.13086 of 2023(3) dt.10-07-2023 2/2
whispered any complicity of the petitioner in respect of physical abuse or misbehave with her. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 26.9.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
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 Khagaria (Muffasil) P.S. Case No. 164 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 C.J.M., Khagaria.
(Sunil Kumar Panwar, J)
Amandeep/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving abduction and kidnapping.
1 provisions across 1 enactments
Md. Soljar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
