Mumtaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23375 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- MAHILA P.S. District- Bhojpur ====================================================== 1.

MUMTAJ ALAM SON OF LATE ISRAIL MIYA Resident of village - Kayam Nagar, P.S. - Koilwar, Distt. - Bhojpur 2.

MAGANI ALAM SON OF LATE ISRAIL MIYA Resident of village - Kayam Nagar, P.S. - Koilwar, Distt. - Bhojpur 3.

MISTER KHATOON D/O LATE ISRAIL MIYA Resident of village - Kayam Nagar, P.S. - Koilwar, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2023

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

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 506, 504 and 376 of the Indian Penal Code and under Section 4/6 of the POCSO Act.

3. Learned counsel for the petitioners submits that the petitioner nos. 1 and 2 have antecedent of one case and petitioner no. 3 is a person with clean antecedent and is a woman.

4. The informant alleges that Golden established

Patna High Court CR. MISC. No.23375 of 2023(2) dt.13-07-2023 2/3 relations with her minor daughter on pretext of marriage who conceived and when informant along with her husband and victim went to the house of the petitioners, the victim was asked to convert to Islam for marriage and on refusal they were abused and assaulted.

5. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case being relatives of Golden. It is next submitted that specific allegation of establishing physical relation is against Golden who is in custody.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners abovenamed, in the event of their 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) each 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 Mahila P.S. Case No. 04 of 2023 subject to

Patna High Court CR. MISC. No.23375 of 2023(2) dt.13-07-2023 3/3 the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T