Mahboob Mian @ Mahboob Dewan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71849 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== 1.

MAHBOOB MIAN @ MAHBOOB DEWAN Son of Late Yusuf Dewan Resident of Village- Jamua, Tola Madhuchapra, P.S.- Bairagania, DistrictSitamarhi 2.

MANIR DEWAN @ MANIR MIAN Son of Mahboob Mian @ Mahboob Dewan Resident of Village- Jamua, Tola Madhuchapra, P.S.- Bairagania, District- Sitamarhi 3.

NAJIR DEWAN Son of Mahboob Mian @ Mahboob Dewan Resident of Village- Jamua, Tola Madhuchapra, P.S.- Bairagania, District- Sitamarhi 4.

NASIBA KHATOON Wife of Manir Dewan Resident of Village- Jamua, Tola Madhuchapra, P.S.- Bairagania, District- Sitamarhi 5.

AJMERI KHATOON Wife of Estekhar Dewan Resident of Village- Jamua, Tola Madhuchapra, P.S.- Bairagania, District- Sitamarhi 6.

DABIR @ DABIR MIAN Son of Md. Mahboob Dewan Resident of VillageJamua, Tola Madhuchapra, P.S.- Bairagania, District- Sitamarhi 7.

KYAMUDDIN @ MD. KYAMUDDIN Son of Md. Irsad Mian Resident of Village- Jamua, Tola Madhuchapra, P.S.- Bairagania, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 363, 366(A), 34 of the Indian Penal Code.

As per the prosecution case, these petitioners along

Patna High Court CR. MISC. No.71849 of 2022(6) dt.26-06-2023 2/3 with other accused persons kidnapped the daughter of informant for the purpose of marriage.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that victim as a matter of fact out of her own sweet will solemnized marriage with co-accused, Zamil Ahmad Dewan and she is residing with him. Petitioner No.1 is father of Zamil Ahmad Dewan, petitioners No.2, 3 and 6 are his brothers, petitioners No. 4 and 5 are his sisters and petitioner No.7 is co-village of Zamil Ahmad Dewan and petitioners have made accused in this case only because they are relatives of co-accused, Zamil Ahmad Dewan. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall 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 Chief Judicial Magistrate, Sitamarhi in connection with Bairgania PS case No. 124/ 2022, subject to

Patna High Court CR. MISC. No.71849 of 2022(6) dt.26-06-2023 3/3 conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T