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Patna High CourtCR. MISC./79242/2024allowed

Md. Mangla v. The State Of Bihar

2024-12-02Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79242 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== 1.

Md. Mangla Son of Late Kamiruddin Resident of Village- Maradangi, P.S.- Azamnagar, District- Katihar 2.

Baduran Nisha Wife of Md. Mangla Resident of Village- Maradangi, P.S.- Azamnagar, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Azamnagar P.S. Case no. 214 of 2024 instituted for the offence under Sections 376, 420 and 506/34 of the Indian Penal Code.

3. The case of the prosecution is that one Md. Rehan has established physical relationship with the informant on a false pretext of marriage. It is further alleged that Md. Rehan subsequently denied to marry the informant. After this when the

Patna High Court CR. MISC. No.79242 of 2024(2) dt.02-12-2024 2/3 parents of the informant went to complaint the allegation against these petitioners is that they abused her and did not allow them to enter in their house.

4. Learned counsel for the petitioners has submitted that petitioners are innocent and have falsely been implicated in connection with the present case. From the FIR itself, it is clear that the main thrust of allegation is against Md. Reyan. These petitioners are parents of Md. Reyan and the only allegation against them is that they did not allow the family members of the informant to enter into his house. Further submission is that they are having clean antecedent.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Azamnagar P.S. Case no. 214 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.79242 of 2024(2) dt.02-12-2024 3/3 Magistrate, Katihar, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U