Md. Nousar Alam @ Md. Nasar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49279 of 2019 Arising Out of PS. Case No.-359 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== MD. NOUSAR ALAM @ MD. NASAR ALAM Son of Nuruddin Resident of Village - Pathraha Ward No. - 7, P.S.- Ghurna, Distt - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Narpatganj (Ghurna) P.S.Case No.359 of 2019 registered for offences punishable under Sections 366A/34 of the Indian Penal Code.

As per the FIR, the victim girl has been kidnapped by one Amjad and it is said that the petitioner was assisting Amjad in the said offence.

Submission of the learned counsel for the petitioner is that the girl has been recovered and she has made another story that she was kidnapped by the petitioner and taken to the house of one Amjad and disclosed as his sister and when she protested she was released from there and thereafter she was crying and the police came and recovered her. Further submission is that

Patna High Court CR. MISC. No.49279 of 2019(3) dt.25-10-2019 2/2 the whole allegation is false and concocted and the statement of the sister of the victim girl has been recorded during the investigation, in which she made specific allegation that she had fled away with Amjad prior to this occurrence and she was recovered and both of them have accepted that they have married . All these facts have come during the investigation . Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioner to surrender and on surrender he will be released on provisional bail in connection with Narpatganj P.S.Case No.359 of 2019 for a period of six month and during that period, the learned court below will call upon the case diary and verify the above submission made by the learned counsel for the petitioner and once found the above submission is found true, he will release the petitioner on bail otherwise the petitioner has to pray for regular bail. With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T