Md. Sabbir Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24176 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- GHOGHARDIHA District- Madhubani ====================================================== Md. Sabbir Mansuri Son of Md. Bachhi Mansari Resident of Village - Bistall Nawani, P.S. - Arriya Sangram, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Shugupta pravin D/O Md. Hussain Ajad Resident of Village - Pakoriya, P.S. - phuparash, District- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Ghoghardiha P.S. Case No. 12 of 2020, corresponding to G.R. No. 131 of 2020, registered for the offence under Sections 363, 366/34 of the Indian Penal Code.

As per prosecution case, grand daughter of the informant went out some where on 31-01-2020, but did not return. It is alleged that petitioner alongwith others have kidnapped the grand daughter of informant for the purpose of marriage.

It is submitted on behalf of petitioner that petitioner is

Patna High Court CR. MISC. No.24176 of 2020(2) dt.21-09-2020 2/3 innocent and has committed no offence. There is love affairs between petitioner and victim (grand daughter of informant). It is further submitted that grand daughter of the informant herself had gone out of the house and with her consent, the petitioner has solemnized marriage with her and in support of the same, affidavits have been brought on record, which are available at Annexure 2 and 2/1 respectively. The petitioner is in custody since 02-02-2020.

Considering the aforesaid facts and circumstances and the fact that petitioner has already married with the victim girl and both are leading conjugal life happily, the bail application of petitioner is allowed with condition that one of the bailor would be wife (victim/grand daughter of the informant) of the petitioner.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jhanjharpur in connection with Ghoghardiha P.S. Case No. 12 of 2020, corresponding to GR No. 131 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the

Patna High Court CR. MISC. No.24176 of 2020(2) dt.21-09-2020 3/3 Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J) anay/- U T