Nadeem @ Md Nadeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46472 of 2021 Arising Out of PS. Case No.-411 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== 1.

NADEEM @ MD NADEEM Son of Md. Nasim Resident of Village - Chakhamid , P.S.- Bakhri, Distt.- Begusarai.

2.

IMTIYAZ @ MD IMTIYAZ Son of Late Md. javed, Son in law of Md. Nasim Resident of Village - Chakhamid , P.S.- Bakhri, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali, APP For the informant : Mr. Braj Bhushan Poddar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Bakhri P.S. Case No. 411 of 2020 registered under Section 366, 379, 506 of the Indian Penal Code.

Prosecution case in short is that the petitioner No. 1 enticed the informant and took her to Delhi where the informant is said to have been sexually exploited on the pretext of marriage. Thereafter, a Panchayati was held and the informant

Patna High Court CR. MISC. No.46472 of 2021(2) dt.12-04-2022 2/3 was brought to the house of petitioner No.1 but later on, the petitioner No. 1 solemnized marriage with another lady and the informant was being ousted from house. The informant is also said to have been assaulted.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Counter case is Annexure-2 to the present application which was instituted by mother of petitioner No. 1 against the father of the informant. There was some family dispute between the parties which led to institution of the present case. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bakhri

Patna High Court CR. MISC. No.46472 of 2021(2) dt.12-04-2022 3/3 P.S. Case No. 411 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T