Arman Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73778 of 2023 Arising Out of PS. Case No.-380 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Arman Alam, aged about 35 years (Male), Son of Wajir Ansari, Resident of Village - Radhiya Rai Tola, P.S. - Govindganj, District - East Champaran. ... ... Petitioner
Versus
1.
The State of Bihar.
2.
Ms. X NA NA ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Rahul Singh, Advocate For the O.P. No. 2 : Mr. Ritesh Abhishek, Advocate For the State :
Mr. Lalan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-06-2024 This matter has been listed under the heading "For orders (on office notes)".
2. Perused the Letter No. 501 dated 11.06.2024 sent by learned Ist Additional District and Sessions Judge-cumSpecial Judge, East Champaran, Motihari.
3. Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.
4. The petitioner seeks bail in connection with
2/4 Govindganj P.S. Case No. 380 of 2023 dated 04.07.2023 registered for the offences punishable under Sections 376, 354, 493, 384 of the I.P.C. and Section 67A of the I.T. Act.
5. As per the prosecution case, the informant has four daughters, out of which, her three daughters have already married and one unmarried daughter is residing with her and takes care of her. One of her daughter Pammi Singh was married 14 years ago in M.P. and she started talking on Mobile No. 9571889293 to the petitioner for last one year and the petitioner called her to take part in the marriage of her sister in Radhiya Rai Tola and did wrong act with her and made physical relation with her and seduced her and took her to Rajasthan where she was physically extorted by the petitioner. It is further alleged that the petitioner made her objectionable photo and video and sent on her mobile and demanded her ornaments and Rs. 1,00,000/- by giving threat that if she does not fulfill the same then he would send it to the mobile of her husband.
6. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the victim is issueless for long period of her marriage, therefore, her husband has relinquished her and the informant and her daughter wanted to trap the
3/4 petitioner in love not to extort money from the petitioner. There is no date or time of the occurrence in the entire prosecution case. It is further submitted that the victim was married 14 years ago and she is issueless and she has not raised any alarm while she was taking away by the petitioner to Rajasthan. The offence is alleged to have taken place in Rajasthan but the victim did not make any complaint to the competent authority. There is no statutory compliance of Sections 164A and 53A of the Cr.P.C. The victim is a major lady. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 05.07.2023.
7. Learned A.P.P. for the State and learned counsel for the opposite party no. 2 have vehemently opposed the bail petition of the petitioner.
8. Considering the aforesaid facts and circumstances of the case as well as 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 C.J.M., East Champaran at Motihari in connection with Govindganj P.S. Case No. 380 of 2023 with further condition:- (I) The petitioner is directed to remain
4/4 physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
9. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T