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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28504 of 2023 Arising Out of PS. Case No.-226 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== MD NEZAM ALAM @ MD NEZAM SON OF JHAKAR MIAN RESIDENT OF VILLAGE BHALUAHI, PO AND PS SHIKARGANJ, DISTT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-08-2023 Heard the parties.

The petitioner is in judicial custody in connection with Chiraiya (Shikarganj) P.S. Case No.226 of 2022 instituted under Sections 363, 366/34 of the IPC lodged on 13.05.2022 by the informant Kachnar Kunwar.

As per the prosecution story, the informant's daughter had gone to attend the nature's call when the accused persons kidnapped her for the purpose of marriage. Accordingly, the FIR.

Learned counsel for the petitioner submits that now the parties have compromised.

Learned APP on the other hand took this Court to the statement made by the victim girl under Section 164 of the

Patna High Court CR. MISC. No.28504 of 2023(3) dt.18-08-2023 2/2 Cr.P.C. according to which the girl narrated that although they were in relationship, once her marriage was fixed, she stopped meeting him. Infuriated, he informed her would be bridegroom which result into break of their marriage and ultimately her younger sister was married to him. Further, wrong act was committed by the petitioner.

Considering the aforesaid submissions put forward by the learned APP, for the present, this Court is not inclined to extend him privilege of bail which is accordingly rejected. (Rajiv Roy, J) Prakash Narayan U T