Md. Jabed Ali @ Md. Jabed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43690 of 2021 Arising Out of PS. Case No.-99 Year-2021 Thana- LADANIA District- Madhubani ====================================================== MD. JABED ALI @ MD. JABED Son of Md. Firoj Alam Resident of Village- Chhapki, P.S.- Ladaniya, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in connection with Ladania Police Station Case No. 99 of 2021, registered for the offence punishable under Sections 365/366 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner allegedly abducted the daughter of the informant for the purpose of marriage.

Learned Counsel for the petitioner submits that the victim is major and she was married from before. He further submits that the petitioner and the daughter of the informant was in love relationship from before. He next submits that from perusal of the First Information Report and the statement of the

Patna High Court CR. MISC. No.43690 of 2021(3) dt.25-04-2022 2/3 victim girl recorded under Section 164 of the Code of Criminal Procedure, 1973, it would be evident that there is no allegation of physical/sexual abuse against the petitioner. He further submits that the petitioner is in custody since 15.04.2021 and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submission advanced on behalf of the parties and taking into consideration the statement of the victim girl, recorded under Section 164 of the Code of Criminal Procedure, 1973, in which she has not alleged about physical/sexual abuse against the petitioner, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhubani, in connection with Ladania Police Station Case No. 99 of 2021. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two

Patna High Court CR. MISC. No.43690 of 2021(3) dt.25-04-2022 3/3 consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √