Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(From The Official Chambers Via Video Conferencing) CRIMINAL MISCELLANEOUS No.16963 of 2020 Arising Out of PS. Case No.-371 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== MD. ALAM S/o Md. Sainul Miyan R/o village- Manikpur, P.O.- Parsauni Kapoor, P.S.- Kathaiyan, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-01-2022 Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioner apprehends his arrest in connection with Paroo P.S. Case No. 371 of 2019, registered for the offences punishable under Sections 366/366(A)/34 of the Indian Penal Code. As per allegation, the petitioner has kidnapped the minor daughter of the informant from the door of her maternal grandfather's house.

Learned counsel for the petitioner has submitted that as per fardbeyan the victim was residing in the house of her maternal uncle from where she was kidnapped. He has further submitted that the informant had not mentioned the source of knowledge of that information in his fardbeyan. He has also submitted that there is land dispute between the parties and due to which the petitioner has been

Patna High Court CR. MISC. No.16963 of 2020(4) dt.05-01-2022 2/2 falsely implicated in the present false case. The learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

The victim has been recovered and her statement had recorded under Section 164 of the Cr.P.C.. Her age has been assessed as 17 years by the learned Magistrate. The victim has stated in her statement under Section 164 of the Cr.P.C. that in the evening of occurrence at about 7 p.m. she was walking outside her house, meanwhile two persons on bike came there and after tying her mouth they took her to an unknown place. The victim identified Md. Alam (petitioner).

Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

(Nawneet Kumar Pandey , J) SONALI/- U T