Mahboob @ Mahboob Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7115 of 2022 Arising Out of PS. Case No.-78 Year-2021 Thana- ARARIA District- Araria ====================================================== 1.

MAHBOOB @ MAHBOOB ALAM Son of Late Abdul Gaffar Resident of Village - Gorhi Chowk, Ward No.10, P.s.- Araria, Distt.- Araria. 2.

Munni W/o Mahboob @ Mahboob Alam Resident of Village - Gorhi Chowk, Ward No.10, P.s.- Araria, Distt.- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Hussain, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code.

The informant alleges that on 14.01.2021 at around 10:00 AM when informant had gone out of her house, the accused persons, including the petitioners, came and kidnapped her minor stepdaughter by enticing her, it is next alleged that kidnapping was done with an intention to sell the victim for prostitution.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been

Patna High Court CR. MISC. No.7115 of 2022(2) dt.30-08-2022 2/2 falsely implicated in the present case, it is next submitted that the victim has returned and her statement under Section 164 of the Cr.P.C. was recorded in which she has disclosed her age as 19 years and has categorically stated that she has married the son of the petitioner, it is next submitted that it is rampant that whenever such incident takes place, the entire family members who are innocent are also implicated.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Araria P.S. Case No. 78 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T