Aliash Alam @ Md. Aliyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18683 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- Gaura P.S. District- Saran ====================================================== Aliash Alam @ Md. Aliyas, Son of Rafik Miya @ Md. Rafik, Resident of Village - Majhwaliya, P.S. - Goura, District - Saran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gaura P.S. Case No. 07 of 2025 dated 21.01.2025 registered for the offences punishable u/s 96 of the B.N.S.

3. As per the prosecution case, the minor daughter of the informant was kidnapped by the petitioner as she was seen talking with the petitioner before the occurrence.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to suspicion. He further submits that petitioner has love affair with the victim. In her statement recorded under Section 183 of BNSS, the victim has stated that she with her own will fled away with the petitioner and now she wants to live

Patna High Court CR. MISC. No.18683 of 2025(3) dt.23-04-2025 2/2 with her mother. There is nothing on record to show the fact that the victim was forced/ seduced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 2101.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Gaura P.S. Case No. 07 of 2025, with the condition -:

(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) khushbu/- U T