Md. Ahsan Alam @ Ahsan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14289 of 2022 Arising Out of PS. Case No.-745 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== MD. AHSAN ALAM @ AHSAN S/o Jahangir Rayeen R/o village- Mehsaul Gote, Ward No. 4, P.S.- Sitamarhi, District- Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Iqbal Asif Niazi, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Sitamarhi P.S. Case No. 745 of 2021 registered under Section 363, 366A/34 of the Indian Penal Code.

Allegation against the accused persons along with the petitioner is of kidnapping the minor daughter of the informant with intention to marry her.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.14289 of 2022(2) dt.13-05-2022 2/2 petitioner. The petitioner has been made accused in the present case due to mistake of fact. From perusal of Annexure-2 of the application, it appears that the victim left house out of her own will and she got married with the petitioner and she is leading her conjugal life with the petitioner. The allegation of abduction is denied by the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 745 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T