Md. Amanullah @ Aman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42239 of 2024 Arising Out of PS. Case No.-105 Year-2023 Thana- JAMALPUR District- Darbhanga ====================================================== 1.

Md. Amanullah @ Aman son of Md. Sanaullah Village- Rajwani Ps- Biraul Dist- Darbhanga 2.

Md. Nematullah son of Md. Sanaullah Village- Rajwani Ps- Biraul DistDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kanchan Jha, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State. Perused the case diary. 2.

The petitioners apprehend their arrest in connection with Jamalpur (Bargaon OP) P.S. Case No. 105 of 2023 registered for the offences punishable under Sections 363, 366(A), 385, 504, 506 & 34 of the Indian Penal Code. 3.

Prosecution case is that sister of the informant was abducted by the petitioners herein and they had demanded ransom to the tune of Rs. 5 lakhs.

Patna High Court CR. MISC. No.42239 of 2024(3) dt.02-08-2024 2/3 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case. It is submitted that petitioners are named in the FIR. It is submitted that no occurrence took place in the manner as alleged in the FIR against the petitioners. He next submits that petitioner No. 2 was in love affairs with the victim girl and she was willing to marry him on her own volition. It is submitted that victim girl has nothing roped against the petitioners in her statement recorded under Sections 161 & 164 of the Cr.P.C.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. It is submitted that witnesses have supported the prosecution case, which is evident from paragraph Nos. 13, 29, 30 & 31 of the case diary.

6.

Considering the rival submissions made by the learned counsel for the parties, there being direct involvement of the petitioners in the case, this Court is not inclined to grant anticipatory bail. Prayer is rejected.

7.

However, if the petitioner surrenders before the court below within a period of four weeks from today and prays

Patna High Court CR. MISC. No.42239 of 2024(3) dt.02-08-2024 3/3 for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court.

(Rudra Prakash Mishra, J) Raj Kishore/- U T