Md. Jubair v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25420 of 2023 Arising Out of PS. Case No.-115 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== MD. JUBAIR Son of Md. Hanif R/V- Gaus Nagar, PS- Katra DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.I, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

3. The informant alleges that on 15.04.2022, her minor daughter aged about 17 years had gone to the market but did not return, accordingly, a search was made when she received a secret information that six named accused persons including the petitioner had enticed her daughter and taken her away on an auto.

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that petitioner and the victim were in love and they eloped. It is further

Patna High Court CR. MISC. No.25420 of 2023(2) dt.20-07-2023 2/2 submitted that the victim has returned and her statement was recorded under Section 164 Cr.P.C. wherein she has not supported the case of prosecution and has stated that she has solemnized marriage with the petitioner at Sai Temple at Mumbai. It is next submitted that victim is a major and even presuming what has been alleged is true without admitting then the victim had reached the age of discretion.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Maniyari P.S. Case No. 115 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T