Md. Dilbar Alam @ Md. Dilwar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4110 of 2022 Arising Out of PS. Case No.-227 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== MD. DILBAR ALAM @ MD. DILWAR ALAM S/o Md. Raquib @ Abdul Raquib Resident of Mohlla- Ali Nagar, Chik Toli, Bada Kabristan, P.S.- Ara Town, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ara Town P.S. Case no. 227 of 2021 instituted for the offence punishable under Section 366-A/34 of the Indian Penal Code.

As per allegation in the FIR, married daughter of the informant is missing from her house and several valuable articles from her almirah was also missing. Later on she came to know by her relatives that petitioner has taken away her daughter in vehicle, upon which informant went to his house, and asked to his parents about her daughter. Parents of the

Patna High Court CR. MISC. No.4110 of 2022(3) dt.02-08-2022 2/2 petitioner abused the informant and then the present FIR. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Victim lady is major of 19 years. Victim lady and her father denied her medical examination. After recovery of the victim lady, her statement has got been recorded, where she has made direct allegation against the petitioner and he taken her to Delhi and told her to marry him.

Learned APP appearing for the State has opposed the prayer of bail and submitted that statement of the victim girl has been recorded under Section 164 Cr.P.C., wherein she has made direct allegation of kidnapping her for marriage purpose by the petitioner.

Having heard learned counsel for the parties and taking into consideration that there is direct allegation of kidnapping the married daughter of the informant, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U