Md. Manjur Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56905 of 2023 Arising Out of PS. Case No.-689 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== MD. MANJUR ALAM Son of Late Abdul Kalam Resident of Duruwa Railway Station Road, P.S. and District Latehar, State of Jharkhand ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Md. Mokhtar Ansari, Advocate For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking pre-arrest bail in connection with Jakkanpur P.S. Case No. 689 of 2022 registered for the offences punishable under Section 366 of the Indian Penal Code. He has got no criminal antecedent.

3. As per the prosecution story, on 05.12.2022 at about 04:00 P.M. the daughter of the informant aged about 19 years went to market to purchase something but she did not return home. It is suspected that the petitioner abducted the daughter of the informant with an intention to perform marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has got no criminal antecedent.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.56905 of 2023(2) dt.30-08-2023 2/2

6. Having regard to the facts and circumstances of the case wherein it is submitted that the victim was 19 years of age on the alleged date of occurrence and in her statement under Section 164 Cr.P.C. she has made statement that she converted her religion and performed a Nikah with the petitioner and she was in love with him for last five years, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Jakkanpur P.S. Case No. 689 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Patna, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) tusharika/- U T