Md Jahangir @ Jahangir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48394 of 2021 Arising Out of PS. Case No.-147 Year-2021 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Md Jahangir @ Jahangir Alam Son Of Asgar Mehtar @ Asgar Hussain @ Asgar Alam Resident Of Village - Kohra, P.O.- Tehta, P.S.- Makhdumpur, Distt.- Jehanabad.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Usha Kumari For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Makhdumpur (Tehta O.P.) P. S. Case No.147 of 2021, instituted for the offences under Section 366A/ 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 12.04.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of kidnapping the minor daughter of the informant aged about 17 years by the petitioner and

Patna High Court CR. MISC. No.48394 of 2021(3) dt.01-02-2022 2/3 other named accused persons.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. The victim and the petitioner were in love and even performed marriage as per Muslim custom for which marriage certificate bearing no.421 dated 04.04.2021 has been issued. Further the victim in her statement under Section 164 of the Cr.P.C. has not supported the prosecution case and it is further submitted that as per Annexure-3, the victim is a major. The doctors have assessed her age in between 17-18 years.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and the victim in her statement under Section 164 of the Cr.P.C. has not even remotely supported the prosecution case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.48394 of 2021(3) dt.01-02-2022 3/3 the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur (Tehta O.P.) P. S. Case No.147 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T