Md. Sarfaraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62553 of 2023 Arising Out of PS. Case No.-365 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== MD. SARFARAJ S/O LATE GULAM MUSTAFA R/O VILLAGESURATPUR, P.S- MUFFASIL SAMASTIPUR, DISTT.- SAMASTIPUR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Narain Sinha, Advocate For the State :
Mr. Sanjay Kumar Pandey, A.P.P.
For the Informant :
Mr. S. A. Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner, informant and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.
3. As per the prosecution case, it is alleged that minor daughter of the informant was kidnapped by the petitioner and other co-accused persons on 03.09.2021 for the purpose of marriage or for some unlawful purpose. Informant suspects that it might be a case of love Jihad. When the informant went to the house of accused persons to inquire about his daughter, the accused persons assaulted him with iron rod and lathi.
4. It is submitted that petitioner has been falsely implicated in this case. The victim girl in her statement under
Patna High Court CR. MISC. No.62553 of 2023(2) dt.11-10-2023 2/2 Section 164 Cr.P.C has not supported the prosecution case and has not alleged any wrong against the petitioner. Moreover, similarly situated co-accused have been granted bail by a coordinate bench of this Court vide order dated 04.08.2023 passed in Cr. Misc. No. 46959 of 2023. Petitioner claims clean antecedents.
5. Learned counsel for the informant vehemently opposes the bail application.
6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, 2nd, Samastipur in connection with Muffasil P. S. Case No. 365 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T