Mohamad Farid Khan @ Farid Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79964 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- KARAKAT District- Rohtas ====================================================== MOHAMAD FARID KHAN @ FARID KHAN Son of Munna Khan @ Md. Munna Khan Resident of Mohalla - Ward No. 3, Bikramganj, P.S.- Bikramganj, District- Rohtas. At present Resident of Village - Munji, P.S.- Karakat, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-10-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection wtih Karakat P.S. Case no. 234 of 2018 instituted for the offence punishable under Sections 366, 379 and 34 of the Indian Penal Code.

As per allegation in the FIR, petitioner has abducted

Patna High Court CR. MISC. No.79964 of 2019(6) dt.22-10-2021 2/3 the wife of the informant. He has also taken away an amount of Rs. 4 Lacs, jewelry and original document of the registered sale deed of the property.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Infact informant had given triple talaque to her wife, namely, Chandani Khatoon, in support of which she has sworn an affidavit, which is annexed as annexure-2 to this petition. She has taken all her belongings from the house of the informant. As per Annexure-4, informant's ex-wife, namely, Chandani Khatoon has performed second marriage with this petitioner on 9.1.2019 and in this regard, a marriage certificate issued by Marriage Registration Officer, Uttar Pradesh is annexed to this petition as Annexure-4. Learned APP for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Karakat P.S. Case no. 234 of 2018, he will be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.79964 of 2019(6) dt.22-10-2021 3/3 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T