Nazmul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36884 of 2025 Arising Out of PS. Case No.-326 Year-2024 Thana- BAISI District- Purnia ====================================================== 1.
Nazmul Haque S/O Late Lutfur Rahman Resident of Village- Mahanth Bari, P.S- Kasba, Distt.- Purnea.
2.
Rukhsana Begum @ Rukshana Begum W/O Nazmul Haque R/O VillageMahanth Bari, P.S- Kasba, Distt.- Purnea. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mustafi W/O Md. Khalil R/O Village- Pundale, P.S- Baisi, Distt.- Purnea. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Anand, Adv.
For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Baisi P.S. Case No. 326 of 2024 dated 31.10.2024, instituted for the offence punishable under Section 96 of the Bharatiya Nyaya Sanhita, 2023.
3. It is alleged that minor daughter of the informant aged about 16 years went missing from home along with a mobile phone. It is stated that despite intensive search and inquiry from relatives, she was traceless and could not be found thereafter.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.36884 of 2025(2) dt.25-06-2025 2/3 petitioners are innocent and they have been falsely implicated in this case. It is submitted that both the petitioners are landlord of the victim. It is specific case of the informant that on 27.10.2024 at about 10:30 pm the victim went missing from her house. However, on 28.10.2024, Ms. Israt Jahan, who is elder daughter of the informant contacted her missing sister on mobile and she informed that she had gone far from home and refused to return. It is submitted that the petitioners are not named in the F.I.R., rather, they have been made accused only after statement of the victim recorded under Section 183 of BNSS wherein the said victim, who is a married girl, completely changed the version of the informant.
It is submitted that on the very fateful night, the petitioner no. 1 came to know about the activities of Naz Fatima (victim) and her husband are suspicious and both are involved in illegal work, thereafter, the petitioner no. 1 told to take back their Rs. 7,000/- which was given as advance rent and vacate the room but they refused to vacate the said room and they also threatened to implicate the petitioners in some case. It is also submitted that petitioner no. 2, who is wife of petitioner no. 1, is a pregnant lady and she is suffering from pregnancy problem. It is also submitted that signature of the husband of Naz Fatima (victim) is present on the document of rent agreement.
Patna High Court CR. MISC. No.36884 of 2025(2) dt.25-06-2025 3/3 has been submitted that they have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Baisi P.S. Case No. 326 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Purnea, subject to condition as laid down under Section 482(2) of B.N.S.S..
(Khatim Reza, J) prabhat/- U T