Aasif Raza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48746 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- PALASI District- Araria ====================================================== Aasif Raza son of Fahimuddin Resident of Village - Rampur, PS- Terhagachh, Dist- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Raj Kumar, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard Mr. Raj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Umeshanand Pandit, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363 and 365 of the Indian Penal Code.
3. As per prosecution case, this petitioner kidnapped minor daughter of informant for the purpose of marriage.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded under Section 164 of the Cr.P.C. has denied the prosecution case and categorically stated that out of love, she
Patna High Court CR. MISC. No.48746 of 2024(3) dt.18-09-2024 2/2 had gone with this petitioner on 13.03.2024 and both of them have solemnized marriage. As per assessment of the learned trial court, age of the victim has been assessed as 19 years old. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, statement of victim recorded under Section 164 of the Cr.P.C. and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Araria, in connection with Palasi P.S. Case No. 99 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T