Md. Mujaffar @ Mujafar @ Mujaffar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21625 of 2024 Arising Out of PS. Case No.-336 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== MD. MUJAFFAR @ MUJAFAR @ MUJAFFAR Son of Md. Balis Resident of Village-Nandania Nimaul, Police Station-Azamnagar, District-Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Rahmatullah, Advocate For the Opposite Party/s :

Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-08-2024 Heard Mr.Md Rahmatullah, learned counsel for the petitioner and Ms.Asha Devi, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 09.12.2023, in connection with Azamnagar P.S. Case No. 336 of 2022, F.I.R. dated 11.10.2022 in a case registered for the offence under Sections 366,120(B)/34 of IPC.

3. The prosecution case, in short, is that in absence of the informant, the FIR named accused persons enticed the wife of the informant on 02.09.2022 and while the informant searched her, the informant learnt from the reliable sources, the FIR named accused persons enticed her for immoral purpose.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. The allegation as alleged in

Patna High Court CR. MISC. No.21625 of 2024(5) dt.28-08-2024 2/3 the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 09.12.2023.

5. Learned A.P.P. for the State, on the other hand, on the basis of the material available on the record and the case diary, has vehemently opposed the prayer for bail of the petitioner and submits that the victim was recovered and her statement was recorded under Section 164 Cr.P.C. in which she has categorically stated that the petitioner has committed wrong with her.

6. Considering the aforesaid facts, let the petitioner, above named, be released on bail after framing of the charges, if not framed as yet on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Azamnagar P.S. Case No. 336 of 2022 with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.21625 of 2024(5) dt.28-08-2024 3/3 reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T