Md. Munna @ Md. Mumtaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15333 of 2024 Arising Out of PS. Case No.-709 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.

Md. Munna @ Md. Mumtaz Alam S/O Md. Manjur @ Md. Manzoor Alam R/O Village- Saharsa Basti, Ward No.33, P.S. And District- Saharsa 2.

Imamuddin @ Chotkan @ Md. Chotkan Son Of Manjur @ Md. Manzoor Alam R/O Village- Saharsa Basti, Ward No.33, P.S. And District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisu Zzoha For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 376(3) and 506 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

3.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the instant case by the informant for the reason that they are own brothers of Md. Imtiyaz @ Chunna. It is next submitted that informant alleges that her daughter was sexually exploited by Md. Imtiyaz @ Chunna on account of which she even became pregnant but then

Patna High Court CR. MISC. No.15333 of 2024(2) dt.13-03-2024 2/3 she was aborted. It is further alleged that Md. Imtiyaz had also threatened the victim that in the event if she discloses about the occurrence to anyone she would be killed. It is further alleged that the petitioner threatened her to withdraw the case and to settle the matter amicably and will also give Rs. 10,000/- for marriage of the victim, but then the informant was not ready for the compromise.

4.

The learned counsel submits that since petitioners are own brothers of Md. Imtiaz as such they have been implicated in the instant case with an allegation that they threatened the informant for a compromise. It is next submitted that the petitioners have been implicated in order to coerce Md. Imtiaz @ Chunna into submission when the thrust of the allegation is against Md. Imtiaz @ Chunna.

5.

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

6.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.15333 of 2024(2) dt.13-03-2024 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Saharsa Sadar P.S. Case No. 709 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T