Jawed Alam @ Md. Jawed Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39894 of 2020 Arising Out of PS. Case No.-73 Year-2019 Thana- DHAKA District- East Champaran ====================================================== 1.
JAWED ALAM @ MD. JAWED ANSARI Son of Bal Hussain Ansari Resident of Village - Karmawa, P.S.- Dhaka, District - East Champaran. 2.
Maksood Alam @ Maqsud Ansari Son of Gafoor Ansari @ Gafur Ansari Resident of Village - Karmawa, P.S.- Dhaka, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar, Adv.
For the Opposite Party/s :
Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-11-2021 Heard the parties.
Learned counsel for the petitioners is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner apprehends their arrest in a case in connection with Dhaka P.S. Case No.73 of 2019, corresponding to G.R. No.249 of 2019, registered for the offence punishable under Sections 363, 366(A), 372/34 of the Indian Penal Code. The prosecution case in short is that informant's niece, who was living with him, went traceless since 22.02.2019 and he came to know through co-villager that she was forcibly
Patna High Court CR. MISC. No.39894 of 2020(3) dt.23-11-2021 2/3 abducted by petitioner no.1 and others. Thereafter, he reached to the house of petitioner no.1 but nobody was found there and the door was locked. Hence, the FIR was lodged.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics and some ulterior motives. Petitioner no.2 is not named in the FIR and his name transpired in this case during investigation. The statement of the victim was recorded under section 164 Cr.P.C., in which she disclosed her age as 18 years. It is further submitted that the victim has married the petitioner no.1 on 06.05.2019 at New Delhi on her will out of love affair between them and the informant due to annoyance and grudge lodged the present case to implicate the petitioners. Petitioner has no criminal antecedent.
Learned counsel for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.39894 of 2020(3) dt.23-11-2021 3/3 court below where the case is pending/Successor Court in connection with Dhaka P.S. Case No.73 of 2019, corresponding to G.R. No.249 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T