Akbar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60610 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- MADHAURAH District- Saran ====================================================== Akbar Ali, Son of Sahabuddin, Resident of Village - Sahwan, P.S. - Isuapur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 366 read with Section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have abducted the daughter of the informant with bad intention.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner is the husband of the daughter of the informant and

Patna High Court CR. MISC. No.60610 of 2022(3) dt.07-02-2023 2/2 the victim has also filed a complaint case under Section 498(A) against the petitioner and his family members. He has further submitted that the victim is a major girl and residing at her parental home. No case under Section 366 of the Indian Penal Code is made out against the petitioner. The petitioner is accused in one more criminal case which was lodged by his wife earlier as stated in para 3 of the bail petition.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Morhowrah P.S. Case No. 24 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

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