Khurshid @ Md. Kharshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28613 of 2022 Arising Out of PS. Case No.-405 Year-2021 Thana- JOKIHAT District- Araria ====================================================== 1.

KHURSHID @ MD. KHARSHID S/o Abdul Rashid @ Rashid Resident of Village - Ajhwa, Ward No. 10, P.S. - Jokihat, District - Araria. 2.

Md. Aashique S/o Anwarul Haque Resident of Village - Ajhwa, Ward No. 10, P.S. - Jokihat, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State, Chandra Bhushan Prasad. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 366 and 34 of the Indian Penal Code.

The informant alleges that the accused persons including the petitioner forcefully abducted her major daughter with an intent to marry when his daughter was married from before and her husband stays in Saudi Arabia and has six children out of the wedlock.

Learned counsel for the petitioner submits that petitioners are persons with clean antecedent and have been

Patna High Court CR. MISC. No.28613 of 2022(2) dt.15-11-2022 2/2 falsely implicated in the present case, it is next submitted that even the victim in her statement recorded under Section 164 CrPC does not name the petitioner.

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

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jokihat P.S. Case No. 405 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T