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Patna High CourtCR. MISC./79125/2024allowed

Manjur Alam @ Manjur @ Majur Alam v. The State Of Bihar

2025-02-24Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79125 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- POTHIYA District- Kishanganj ====================================================== Manjur Alam @ Manjur @ Majur Alam Son of Afaque @ Md Afak Resident of Village-Dangibasti, P.S.- Pothia, District- Kishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XYZ D/O- Rashid Resident of Village-Fulhara, Ward No. 13, P.S.- Pothia, District- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and Mr. Narendra Kumar Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 137(2), 87, 96, 78(2) of the Bhartiya Nyaya Sanhita and Sections 12 & 18 of POCSO Act.

3. The case of the prosecution is that the petitioner has kidnapped the informant on a toto. While she was in school, certain boys have seen the occurrence and as they raised alarm, the teachers and others came and rescued her. After that, it is alleged that the petitioner has threatened the informant of dire consequences.

Patna High Court CR. MISC. No.79125 of 2024(3) dt.24-02-2025 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that there is land dispute between the parties and due to that land dispute, the petitioner has been implicated. It is further submitted that the petitioner is languishing in judicial custody since 20.09.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pothia P.S. Case No. 214 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st-cum-Special Judge, Kishanganj.

(Ashok Kumar Pandey, J) Sudhanshu/- U T