Monu Shekh @ Bihan Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39383 of 2022 Arising Out of PS. Case No.-50 Year-2017 Thana- MORKAHI District- Khagaria ====================================================== 1.

Monu Shekh @ Bihan Shekh Son Of Md. Shammi Ahmad @ Mohammad Sami Ahmad R/O Village- Masjid/Mahjid Chauk, Ward No.-10, P.S. And District- Madhepura (Bihar) 2.

Sonu Shekh Son Of Md. Shammi Ahmad @ Mohammad Sami Ahmad R/O Village- Masjid/Mahjid Chauk, Ward No.-10, P.S. And District- Madhepura (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Morkahi P.S. Case no. 50 of 2017 instituted for the offence under Sections 366/34 of the Indian Penal Code. It is a case of abduction of married daughter of the informant.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. They have falsely made accused in this case. It is further submitted that the

Patna High Court CR. MISC. No.39383 of 2022(2) dt.06-12-2022 2/2 victim stated in her statement recorded under section 164 of Cr.P.C., that when the brother of her husband wanted to established physical relationship forcibly with her as a result of which she left her matrimonial house and changed her religion and solemnized Court Marriage with Petitioner No.1 at Purnea which is annexed as Annexure 3.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Morkahi P.S. Case no. 50 of 2017, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Khagaria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T