Md. Sahabuddin @ Shahbaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17931 of 2019 Arising Out of PS. Case No.-318 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== MD. SAHABUDDIN @ SHAHBAZ ALAM, Son of Md. Jaidul Haque, Resident of Village - Uchla Muslim Tola, P.S.- Barari, Distt.- Katihar ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Dulari Pravin, D/o Md. Akhtar, Resident of Village - Uchla Muslim Tola, P.s.- Barari, Distt.- Katihar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 318 of 2018 lodged for the offences punishable under Sections 366/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of the complainant and forcibly marrying with her though she is a married lady.

Submission of learned counsel for the petitioner is that as a matter of fact there was love affair between the parties and as such she married with the petitioner and later on due to some misunderstanding she has lodged the present case and other co-accused persons have been granted privilege of

Patna High Court CR. MISC. No.17931 of 2019(3) dt.17-06-2019 2/2 anticipatory bail vide order dated 14.3.2019 passed in Cr.Misc.No. 15152 of 2019.

Heard learned APP and learned counsel for the complainant, who has opposed the prayer for anticipatory bail stating that she is a married lady and she has been forcibly kidnapped by the petitioner.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if he surrenders and makes prayer for regular bail, the same shall be considered on the basis of materials available on the record, without being prejudiced by this order.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T