Imteyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26871 of 2019 Arising Out of PS. Case No.-41 Year-2017 Thana- UCHKAGAON District- Gopalganj ====================================================== Imteyaz Alam, aged about 40 years, Male, Son of Late Mohammad Hassan, Resident of village- Musehari, P.S. Jamo Bazar, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-04-2019 Heard both sides.

Petitioner apprehends his arrest in Uchakagaon P.S. Case No.41 of 2017, registered under Sections 366(A) and 376 of the Indian Penal Code and under Sections 8, 9 and 10 of the POCSO Act.

The informant filed a complaint case which was sent for registration and investigation on the basis of which the present case was registered. The informant in sum and substance alleged that Arif Alam used to stalk her while she was going to her school. The sister of Arif Alam took her and thereafter Arif Alam and Mushtaq forcibly got her seated in a Bolero vehicle and Arif Alam kidnapped and confined her in a room. She further alleged that Arif Alam committed rape with her and also snapped her naked photographs but some how she returned and

Patna High Court CR. MISC. No.26871 of 2019(2) dt.24-04-2019 2/3 the accused persons assured to get her married with Arif Alam but Arif Alam did not solemnize marriage with the victim. Learned counsel for the petitioner submits that the petitioner is brother-in-law of Arif Alam. From perusal of the contents of the FIR itself, it would appear that the informant did not name the petitioner anywhere in the FIR except at the fag end of the FIR and alleged that the petitioner had also assured the informant to get her married with Arif Alam but later on the petitioner threatened to get her photographs viral. It is submitted that other accused persons, the sister, mother and brother of Arif Alam have already been granted anticipatory bail vide order dated 07.07.2017 passed in Cr. Misc. No.29689 of 2017 by a coordinate Bench of this Court. The case of the petitioner stands on the better footing.

Taking into consideration the facts that petitioner happens to be brother-in-law of Arif Alam against whom the informant made allegation of kidnapping and rape and only allegation against the petitioner is that he had threatened to get her photographs viral, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.26871 of 2019(2) dt.24-04-2019 3/3 with two sureties of the like amount each to the satisfaction of the learned A.D.J./Special Judge, POCSO, Gopalganj in connection with Uchakagaon P.S. Case No.41 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T