Patna High CourtCR. MISC./49649/2014dismissed

Naushad Alam v. The State Of Bihar

2015-04-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49649 of 2014 Arising Out of PS.Case No. -398 Year- 2014 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Naushad Alam Son of Hazi Khuda Bux Resident of Village - Bhag Kahalia, P.S. - Forbesganj, District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2015 The petitioner is apprehending his arrest in connection with Complaint Case No. 398 C/2014 instituted for the offences under Sections 324 and 498A of the Indian Penal Code pending in the Court of Shri A.K.Daxit, Judicial Magistrate, 1st Class, Araria..

Heard leaned counsel for the petitioner and learned A.P.P. for the Sate.

The prosecution story is that the complainant is a student of Class XI. It is further alleged by her that the petitioner had taken her to Nepal after kidnapping where her marriage was solemnized. It has further been alleged that she is a minor. Later on, the parents of the complainant came to know that the complainant has taken to Nepal by the petitioner. Thereafter after

Patna High Court Cr.Misc. No.49649 of 2014 (2) dt.23-04-2015 2/2 some time, it is alleged, that the petitioner got the complainant involved in illicit relationship with other persons for which she was not ready. It is further alleged that the petitioner had demanded Rs. 2 lacs from the parents of the complainant. It is also submitted that it is out and out a false case. No such occurrence is said to have taken place.

It has been submitted on behalf of the State that the petitioner is involved in a very heinous crime. Considering the aforesaid facts and circumstances of the case, I am not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner is rejected.

However, if the petitioner surrenders in he court below within a period of six weeks and pray for regular bail, the same shall be considered on its own merit without being prejudiced by this order of rejection.

(Sudhir Singh, J) singh/- U T