Zabir Khan @ Zabir Hussain Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19037 of 2025 Arising Out of PS. Case No.-364 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== Zabir Khan @ Zabir Hussain Khan S/o- Mohammad Umar Khan Resident Of Village- Lauwan, Ps- Barhariya, Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar For the State :
Mr. Akshay Lal Pandit For the informant :
Mr. Lokesh Kumar Singh Ms. Shambhavi Suyesha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-05-2025
1. Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Sidhwaliya Police Station Case No. 364 of 2023, registered for the offences punishable under Sections 366/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 04.12.2023 in the morning, while the informant, along with her daughter, Kajal Khatoon, aged about 25 years, was walking on the road, all of a sudden, one white-coloured Scorpio vehicle arrived from behind and four persons, including the petitioner, sitting on the
Patna High Court CR. MISC. No.19037 of 2025(3) dt.02-05-2025 2/3 vehicle, kidnapped the daughter of the informant in order to marry her.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on account of the fact that the daughter of the informant was married four years ago with one Tunna Khan and there was strain relationship between the husband and wife. The victim wife was residing in her matrimonial home. The petitioner is the relative of the victim's husband and is working as Assistant Accountant in Jhajjhar (Haryana) and he is having locomotor disability up to 50 per cent. The petitioner has been made accused in this case in order to pressurize him to marry the victim. The petitioner is in custody since 17.01.2025 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond and/or tamper with the evidence.
5. On the other hand, learned Counsel for the informant vehemently opposes the prayer for bail and submits that the victim lady, in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has supported the prosecution story.
Patna High Court CR. MISC. No.19037 of 2025(3) dt.02-05-2025 3/3
6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioner is in custody since 17.01.2025 and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Sidhwaliya Police Station Case No. 364 of 2023.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √