Zamil @ Mozammil Zama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69211 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- UPHARA District- Aurangabad ====================================================== Zamil @ Mozammil Zama Son of Kamaruddin Zama Village- Tutilav, PSSimaria, District- Chatra, Jharkhand. ... ... Petitioner/s

Versus

The State of Bihar .

. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Pandey, Adv For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-10-2024 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 Uphara P.S. Case No. 75 of 2024 dated 07.07.2024 registered for the offences punishable u/s 87, 3(5) of the B.N.S. 2023.

3. As per the prosecution case, the petitioner and the co-accused person are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there was love affair between the victim girl and the petitioner. As per the statement recorded under Section 164 of the Cr.P.C. there was a love affair between the victim girl and the petitioner for about 2 to 3 years

Patna High Court CR. MISC. No.69211 of 2024(2) dt.07-10-2024 2/2 and she went to Ahmedabad with the petitioner with her own will. It is further submitted that the victim was not forced or seduced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.07.2024.

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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 concerned, Aurangabad, in connection with Uphara P.S. Case No. 75 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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