Sarfaraj @ Sarfaraj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23380 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- SIKTI District- Araria ====================================================== SARFARAJ @ SARFARAJ ALAM S/O MD. KHALID R/O VillageBhaulani, Ward No. 11, P.S- Sikty, Distt.- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP For the Informant :

Mr. Ramesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2023

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

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366A, 506 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that her minor daughter was kidnapped by accused persons for marrying her with the petitioner who works in Himachal Pradesh. Learned counsel for the petitioner next submits that from perusal of the allegation as

Patna High Court CR. MISC. No.23380 of 2023(2) dt.13-07-2023 2/3 alleged in the F.I.R., it would manifest that it is not the case of the informant that petitioner was involved in the kidnapping, rather she alleges that accused persons kidnapped her daughter for the purposes of marrying her with the petitioner. It is further submitted that the victim has come back and her statement was recorded under Section 164 Cr.P.C wherein she has disclosed her age as 19 years and has not supported the case of the prosecution and thus was sent to remand home.

4. Learned A.P.P. for the State along with the learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner. Learned counsel for the informant submits that victim is a minor aged about 16-17 years.

5. Considering the submissions made by the learned counsel for the petitioner and the fact that victim has not supported the case of the prosecution, 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

Patna High Court CR. MISC. No.23380 of 2023(2) dt.13-07-2023 3/3 sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sikty P.S. Case No. 190 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T