Mozibur Rahman @ Mojibur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71820 of 2023 Arising Out of PS. Case No.-250 Year-2022 Thana- KISHANPUR District- Supaul ====================================================== MOZIBUR RAHMAN @ MOJIBUR RAHMAN S/o Mohammad Yunus @ Md. Yonus R/o village- Madhura (Ward No.-4), P.S.- Kishanpur, DistrictSupaul. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-11-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Kishanpur P.S. Case No. 250 of 2022 registered for the offences punishable under Sections-366 & 380 of the Indian Penal Code.

Allegedly, while the informant had gone to Biratnagar, Nepal for treatment of his sister, the accused-petitioner allured and kidnapped his wife for the purpose of marriage. Learned counsel for the petitioner has submitted that the informant/complainant is own brother of the petitioner. In the year, 2014, the complaint petition was filed on the basis whereof, the present FIR was registered after eight years. The

Patna High Court CR. MISC. No.71820 of 2023(2) dt.07-11-2023 2/2 complainant made allegation of kidnapping of his wife against the petitioner. Learned counsel for the petitioner has further submitted that as a matter of fact, after taking divorce from her husband, the alleged victim has solemnized marriage with the other person and she is residing in Nepal with her husband. The FIR has been lodged after eight years of the occurrence and the victim after solemnization of her second marriage, is residing in Nepal.

Learned Additional Public Prosecutor opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 250 of 2022, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) A.K.V.//- U T