Patna High CourtCR. MISC./6832/2024bail granted

Md. Zunaid Alam @ Junaid Alam v. The State Of Bihar

2024-04-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6832 of 2024 Arising Out of PS. Case No.-198 Year-2023 Thana- DEV District- Aurangabad ====================================================== Md. Zunaid Alam @ Junaid Alam Son of Md. Vali Alam @ Vali Mohammad Resident of village-Bishrampur, P.S.-Imamganj, Distt.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate Mr. N Kumar, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Dev P.S. Case no. 198 of 2023 registered under sections 366A and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that his 17 year old daughter was kidnapped by the petitioner for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. She returned and her statement was recorded under section 164 Cr.P.C wherein she has disclosed that she went with the petitioner out of her own free will. No allegations of overt act has been

Patna High Court CR. MISC. No.6832 of 2024(3) dt.18-04-2024 2/2 levelled by her in her statement under section 164 Cr.P.C. The petitioner is in custody since 13.8.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the daughter of the informant having returned, the content of her statement under section 164 Cr.P.C as also her age having been estimated to be 17 years, the petitioner being in custody for 8 months since 13.8.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Dev P.S. Case no. 198 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad.

(Partha Sarthy, J) Harsh/- U T