IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35665 of 2010
MD.FIROZ
Versus
THE STATE OF BIHAR
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02/ 16.11.2010 At the very outset, learned counsel for the petitioner makes
prayer to correct prayer portion. Prayer is accorded. Accordingly,
learned counsel for the petitioner is permitted to make necessary
correction in the prayer portion of the criminal miscellaneous case.
Heard learned counsel for the petitioner as well as learned
P.P. for the State.
Allegedly, informant’s daughter was kidnapped by co-
accused Md. Chand. Subsequently, informant’s daughter was
recovered and her statement under section 164 Cr. P.C was recorded.
Though informant’s daughter stated in her statement recorded under
section 164 of the Cr.P.C that she was kidnapped by petitioner as well
as other co-accused person but when above stated Md Chand was put
on trial in Sessions Trial no. 449 of 2008 before the learned Addl.
Sessions Judge cum FTC No. 5, Muzaffaprur, the aforesaid victim girl
was examined as PW6 and she did not support the prosecution case
rather stated that she has solemnized her marriage with co-accused
Md. Chand.
Considering the aforesaid circumstances as well as
submissions of the parties, petitioner (Md. Firoz), in the event of his
arrest/ surrender within 30 days from the date of communication of
the order, be released on bail in connection with Kathaiya P.S. Case
no. 40 of 2007 on furnishing bail bond of Rs 10,000/- with two
sureties of the like amount each to the satisfaction of Chief Judicial
2
Magistrate, Muzaffarpur subject to condition as laid down under
section 438(2) of the Cr. P.C.
shahid (Hemant Kumar Srivastava,J)