CRIMINAL MISCELLANEOUS 218 of 2023 on 24 December 2023

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15-10-2025

IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.48118 of 2025

Arising Out of PS. Case No.-218 Year-2023 Thana- JANTA BAZAR District- Saran ======================================================

Shamshad Alam S/O Salauddin @ Salauddin Miya R/O Village-Kateya, P.S.-Janta Bazar, District-Saran.

... ... Petitioner/sVersus

The State of Bihar

Heard learned counsel for the petitioner, learned APP

for the State and learned counsel for the Informant.

2. In the present case, the petitioner seeks bail inconnection with Janta Bazar P.S. Case No. 218 of 2023, for theoffence punishable under Sections 363, 366(a)/34 of the IndianPenal Code.

3. As per prosecution case, the petitioner and other co-accused persons have kidnapped the minor daughter of theinformant.

4. Learned counsel for the petitioner submits that thepetitioner is innocent and has been falsely implicated in thiscase. The occurrence took place on 24.12.2023 but the F.I.R. hasbeen lodged on 27.12.2023 without any explanation for theinordinate delay. In the F.I.R., there is no specific role attributed to the petitioner. The petitioner has been named in this case dueto acquaintance with co-accused Mahavir Manjhi whose nameand mobile number has been mentioned in the written report. Itshows that the co-accused Mahavir Manjhi was in contact withthe victim girl. There is no eye-witness to the alleged occurrenceand no person saw the victim girl being forcibly taken away orthe petitioner being involved in the said occurrence. It appearsthat the victim girl was having consensual relationship with co-accused Mahavir Manjhi and left her house and she was on theverge of majority as it appears from the F.I.R. The Police hasnot properly investigated the matter and only examined thefamily members of the victim girl. There is no cogent materialto connect the petitioner with the alleged occurrence. Thepetitioner has clean antecedent and he is in custody since08.04.2025 and charge sheet has been submitted.

5. Learned APP for the State vehemently opposes thesubmission made on behalf of the petitioner and submits thatpetitioner is named in this case along with other accused personsfor kidnapping the minor daughter of the informant.

6. Having regard to the facts and circumstances of thecase and submissions made on behalf of the parties andconsidering the vague nature of allegation against the petitioner Ranjeet/- U

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and also considering period of custody of the petitioner andsubmission of charge sheet, the petitioner is directed to bereleased on bail on furnishing bail bond of Rs. 10,000/- (tenthousand) with two sureties of the like amount each to thesatisfaction of learned Judicial Magistrate, 1[st] Class, Saran atChapra in connection with Janta Bazar P.S. Case No. 218 of2023, subject to the condition laid down under Section 480(3) ofthe B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of thepetitioner.

(ii) The petitioner will remain present on each and everydate fixed by the court below, if so required by the court below.

(iii) In case of absence on three consecutive dates or inviolation of the terms of the bail, the bail bonds of the petitionerwill be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J)