Md. Imtiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56983 of 2025 Arising Out of PS. Case No.-177 Year-2025 Thana- FORBESGANJ District- Araria ====================================================== Md. Imtiyaz S/o- Md. Mumtaz Village- Pokhar Basti W.No-21, PsForbesganj Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Forbesganj P.S. Case No. 177 of 2025 dated 07.04.2025 registered for the offences punishable u/ss 137(2), 96, read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant. When the informant went to the house of the accused person to enquire the matter then the other F.I.R. named accused persons threatened that he could not do anything against them. It is further alleged that the petitioner threatened the informant's husband that if you would marry your daughter then your family

Patna High Court CR. MISC. No.56983 of 2025(2) dt.20-08-2025 2/3 would be killed.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is delay of two days in lodging the F.I.R. without any explanation. There was love affair between the victim and the petitioner. Learned counsel has further submitted that the victim is not traceless. Learned counsel has further submitted that the victim in her statement recorded u/s 183 of the B.N.S.S. has stated that she left her house with her own will. It is further submitted that as per the impugned order, the victim went to Nepal with the petitioner and solemnized marriage with each other. As per the medical report of the victim, there is no evidence of fresh sexual assault. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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

Patna High Court CR. MISC. No.56983 of 2025(2) dt.20-08-2025 3/3 concerned, Araria in connection with Forbesganj P.S. Case No. 177 of 2025.

7. The application stands allowed.

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