Md. Perwez @ Md. Perwez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51214 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- KASIMBAZAR District- Munger ====================================================== Md. Perwez @ Md. Perwez Alam Son of Md. Chand Resident of VillHazratganj Khankah Gali No 2, P.S.- Kasim Bazar, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the informant : Mr. Raj Kumar Chaudhary, Adv. For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kasim Bazar P.S. Case No. 293 of 2023 dated 21.09.2023 registered for the offences punishable u/s 366A of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the victim and the petitioner. The victim in her statement recorded under Section 164 of the Cr.P.C. has stated that she herself went with the petitioner with her own will and also stated that the petitioner did not commit any

Patna High Court CR. MISC. No.51214 of 2024(3) dt.11-09-2024 2/2 wrong with her. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.05.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner and submitted that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Munger in connection with Kasim Bazar P.S. Case No. 293 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T