Anwar @ Md. Anwar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51620 of 2015 ======================================================

1. Anwar @ Md. Anwar Alam Son of Firoz Shah alias Firoz Dewan resident of Village - Siswa Sahwad Tola, P.S. - Banjaria, District - East Champaran. ... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Ashok Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2015 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Additional Public Prosecutor.

The petitioner apprehends his arrest in a case under Section 363, 366A of the Indian Penal Code.

The informant alleged that Meraj Alam kidnapped his minor daughter and he was eve teasing her daughter from before. His family members and friend Anwar, the petitioner, were also involved in her kidnapping.

The learned counsel for the petitioner submits that informant is not an eye witness of the occurrence. The informant only suspected the hands of the petitioner, who happens to be friend of Meraj, but the victim made her statement under section 164 of the Cr. P. C and she narrated the entire story of her kidnapping but she did not name the petitioner. She alleged that

Patna High Court Cr.Misc. No.51620 of 2015 (2) dt.17-12-2015 2/2 Meraj kidnapped her and took her to Ludhiana. She also disclosed that when she came to Gopalganj Chaman and his two friends came. Chaman assaulted her and threatened her to disclose that she left her house voluntarily. The victim did not name the petitioner nor any sort of allegation is made against any other person except Meraj and Chaman.

The learned counsel for the informant as well as the learned Additional Public Prosecutor, however, opposed the prayer for anticipatory bail.

Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in Turkaulia (Banjaria) P.S. Case No. 612 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

BKS/- (Prabhat Kumar Jha, J) U T