Md. Mustaq v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7631 of 2022 Arising Out of PS. Case No.-155 Year-2020 Thana- JADIA District- Supaul ====================================================== MD. MUSTAQ Son of Md. Akwal Resident of Village - Rajganw, Police Station - Jadia, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2022 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 Jadia P.S. Case no. 155 of 2020 instituted for the offence under Sections 366, 366 (A)/34 of the Indian Penal Code. Prosecution case relates to abduction of the daughter of the informant from his house for marriage purpose. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the petitioner and daughter of the informant. Statement of the victim girl has got recorded in which she has stated that out of her own sweet will, she has

Patna High Court CR. MISC. No.7631 of 2022(2) dt.08-08-2022 2/2 eloped from her house and performed marriage with the petitioner. She has not raised any finger against the petitioner for any offence. Presently she is living with her parents. Age of the daughter of the informant has been accessed as 19 years by the lower court.

Learned counsel for the informant and learned APP appearing for the State has opposed the prayer of Bail. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jadia P.S. Case no. 155 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Supaul subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U