Shah Mukhtar Alam @ Shah Mukhtar @ Mukhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66986 of 2023 Arising Out of PS. Case No.-69 Year-2022 Thana- SIKTI District- Araria ====================================================== Shah Mukhtar Alam @ Shah Mukhtar @ Mukhtar Son of Sah Bacchu Resident of Village - Salgudi, P.s. - Sikty, District Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Ziaul Quamar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-12-2023 Heard Mr. Md. Ziaul Quamar, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. Petitioner has renewed the prayer for grant of prearrest bail, which was earlier disposed of directing the petitioner to surrender before the Court below and seek regular bail.

3. The petitioner seeks pre-arrest bail in connection with Sikty P.S. Case No. 69 of 2022 registered for the offence punishable under Sections 147, 149, 341, 323, 379, 363, 365, 504 and 506 of the Indian Penal Code.

4. Learned counsel appearing on behalf of the petitioner submitted that the victim has been recovered and two contradictory statement has been given by her first on 26.07.2022, in which no specific allegation has been made

Patna High Court CR. MISC. No.66986 of 2023(2) dt.22-12-2023 2/2 against the petitioner, subsequently, statement which was recorded on 29.05.2023, she has denied the allegation made in the FIR and has stated that she on her own had eloped with her husband.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the fact that victim has not made any allegtion against the petitioner in her statement recorded under Section 164 of the Code of Criminal Procedure, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Sikty P.S. Case No. 69 of 2022 , subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Niraj/- U