Md. Parwej Alam @ Pappu @ Md Parwej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19661 of 2024 Arising Out of PS. Case No.-36 Year-2021 Thana- KUMAR KHAND District- Madhepura ====================================================== MD. Parwej Alam @ Pappu @ Md Parwej S/o Late Kudush Mian R/o vill - Tikuliya, ward no. 8, P.S. - Kumarkhand, Distt. - Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Md. Samsul S/o Late Kari Mian R/o vill - Tikuliya, ward no.8, P.S. - Kumarkhand, Distt. - Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad Mr. Manoj Kumar Ms. Pooja Prasad For the Opposite Party/s :

Mr. Rajesh Kumar For the Informant :

Mrs. Rashmi Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2024 Heard learned counsel for the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 365, 368, 34 of the Indian Penal Code.

3.

As per the FIR, the petitioner kidnapped the daughter and eight months old grand-daughter of the informant and kept them for four days and also committed rape with the informant's daughter.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled

Patna High Court CR. MISC. No.19661 of 2024(4) dt.08-05-2024 2/2 against the petitioner is not specific rather general and omnibus in nature. He submits that after investigation, police filed final form against the petitioner and protest petition was filed on behalf of the informant and the said protest petition was converted in complaint case and accordingly cognizance was taken against the petitioner. Petitioner has one criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. 6.

Considering that the police has filed final form against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Kumarkhand P.S. Case No.36 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T