Darud Ali @ Darud Alam @ Darud @ Draud Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77354 of 2023 Arising Out of PS. Case No.-389 Year-2014 Thana- MADHAURAH District- Saran ====================================================== Darud Ali @ Darud Alam @ Darud @ Draud Alam Son Of Abdul Rasid @ Rasid Mian R/O Village- Narharpur, P.S.- Madhaurah, District- Saran At Chhapra ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

Ram Nath Sah Son Of Late Dasharath Sah R/O Village- Narharpur, TolaBasantpur, P.S.- Madhaurah, District- Saran At Chhapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rananjay Kumar, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Madhaurah P.S. Case No. 389 of 2014 dated 23.11.2014 registered for the offences punishable u/ss 363, 366A read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the informant's daughter when she went to attened call of nature.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There was love affair between the victim and the petitioner. The victim in her

Patna High Court CR. MISC. No.77354 of 2023(2) dt.09-01-2024 2/2 statement recorded under Section 164 of Cr.P.C. has stated that she solemnized marriage with the petitioner of her own will. Learned counsel has further submitted that the victim was not forced to have illicit intercourse with another person. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 the learned court concerned, Saran at Chhapra in connection with Madhaurah P.S. Case No. 389 of 2014, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

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