Suleman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59483 of 2021 Arising Out of PS. Case No.-985 Year-2019 Thana- ARARIA District- Araria ====================================================== SULEMAN Son of Firoz Resident of Village - Rajokhar Ward No.05, P.s.- Araria (R.S.), Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Araria (R.S.) P.S. Case no. 985 of 2019 instituted for the offence under Sections 341, 323, 504, 506, 365, 366, 120B of the Indian Penal Code.

It is a case of abduction of the informant's daughter, who is also the wife of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. After recovery of the victim lady, her statement has been recorded under Section 164 Cr.P.C. in which she has not disclosed about complicity of the petitioner in her abduction. She has also not made allegation of abuse

Patna High Court CR. MISC. No.59483 of 2021(3) dt.25-07-2022 2/2 and assault against the petitioner. She has made allegation of abduction against co-accused Jasim who has also established physical relationship with her. Learned counsel for the petitioner has further submitted that petitioner has no intention to commit wrong with his wife.

Learned counsel for the informant and learned APP appearing for the State has opposed the prayer of Bail and submitted that petitioner is husband of the victim and he has full responsibility to take care of his wife.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Araria (R.S.) P.S. Case no. 985 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U