Md. Nazir @ Md. Nazir Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25936 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Md. Nazir @ Md. Nazir Hussain, Son of Md. Mazhar @ Md. Mazhar Imam, Resident of Village- Bari Ballia, Police Station- Ballia, Dist.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindhyachal Singh, Sr. Advocate Mr. Kumar Awnish Ankit, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Ballia P.S. Case No. 22 of 2024 registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.
3. As per prosecution case, the daughter of the informant went to market and did not return till evening. On search, the informant came to know that his daughter has been abducted by the petitioner and the other accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The victim girl is in love affair with the petitioner and in her statement under Section 164 Cr.P.C. has not made allegation of sexual intercourse against the petitioner. She has
Patna High Court CR. MISC. No.25936 of 2024(3) dt.31-07-2024 2/2 stated that she went with the petitioner with her own sweet will due to love affair with the petitioner and she returned to her home and when come to know that the case has been filed in this regard. He further submits that the victim has refused for medical examination. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial of this case.
5. Learned APP opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Ballia P.S. Case No. 22 of 2024, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T