Patna High CourtCR. MISC./70155/2023dismissed

Md. Saidul @ Mohammad Saidul @ Mohammad Saidul Alam @ Md. Saidul Alam @ Sadul v. The State Of Bihar

2024-02-29Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70155 of 2023 Arising Out of PS. Case No.-336 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== MD. SAIDUL @ MOHAMMAD SAIDUL @ MOHAMMAD SAIDUL ALAM @ MD. SAIDUL ALAM @ SADUL Son of Md. Sohail @ Mohammad Sohail @ Mohammad Sohil Alam @ Sohel R/o vill - Baula Nimol, P.S. - Azamnagar, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Qumrul Hoda, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-02-2024 Heard Mr.Md. Qumrul Hoda, learned counsel for the petitioner, learned counsel for the informant and Mr.Ashok Kumar Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Azamnagar P.S.Case No.336 of 2022, FIR dated 11.10.2022 registered for the offences punishable under Sections 366,120B/34 of IPC.

3. Allegation against the petitioner is that he alongwith other accused persons abducted the informant's wife with an intent to get her involved in human trafficking.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.70155 of 2023(3) dt.29-02-2024 2/2 implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In fact the petitioner was in love with the victim and victim has filed an affidavit stating therein that due to communication gap the informant has filed the present case against the petitioner.

5. Learned A.P.P. for the State, on other other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that the statement of the victim under Section 164 Cr.P.C. and Section 161 Cr.P.C. were recorded in which she has categorically stated that the petitioner alongwith other person forcibly abducted her and exploited her sexually. She also stated to have been taken to Nepal.

6. Considering the aforesaid fact and nature of allegation against the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Azamnagar P.S.Case No.336 of 2022 pending in the court of learned C.J.M., katihar.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T