Patna High CourtCR. MISC./86411/2023bail granted

Tashabbar Ali @ Tasawwar Ali @ Md Rizwan v. The State Of Bihar

2024-02-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86411 of 2023 Arising Out of PS. Case No.-462 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Tashabbar Ali @ Tasawwar Ali @ Md Rizwan S/O Taslim Mansuri R/O Village- Bokra, Ward No. 07, Ps. Simraha, Dist. Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Forbesganj (Simraha) P.S. Case No. 462/2023 dated 24.05.2023 registered for the offences punishable u/ss 363, 366A read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The victim in her statement recorded u/s 164 of the

Patna High Court CR. MISC. No.86411 of 2023(2) dt.01-02-2024 2/2 Cr.P.C has stated that no one had kidnapped her and she went to Delhi of her own will. It is further submitted that there is nothing on record which shows that the victim was forced to have illicit intercourse with another person.

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

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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, Araria in connection with Forbesganj (Simraha) P.S. Case No. 462/2023, 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) atul/- U T