Md. Afroz v. The State Of Bihar

Patna High Court Cr.Misc. No.1193 of 2016 (3) dt.18-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1193 of 2016 Arising Out of PS.Case No. -267 Year- 2011 Thana -JOKIHAT District- ARRARIA ====================================================== Md. Afroz Son of Mojib resident of Village- Kurshail, Police StationMahalgaon, District Araria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Jokihat (Mahalgaon) P.S. Case No. 267 of 2011 for the offences instituted under Sections 366A and 372 of the Indian Penal Code.

As per prosecution case that on 29.09.2011 Bibi Rajun took his daughter Nagma Khatoon later on he came to know that Rjun is going to sale Nagma Khatoon by any person thereafter villagers made search of the victim but not found. The informant came to know that Bibi Rajun is in her villagers, they came there and asked about the daughter of the informant, but Bibi Rajun denied. The informant has claimed that Bivi Rajun took his

Patna High Court Cr.Misc. No.1193 of 2016 (3) dt.18-03-2016 daughter with her for a purpose to perform Nikah of her daughter with any person or sale his daughter.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present case. Subsequently vide Annexure2, a petition has been made on behalf of the father of the victim and the victim herself in the court below where they have denied the allegations.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Jokihat (Mahalgaon) P.S. Case No. 267 of 2011 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T