Anwar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71374 of 2019 Arising Out of PS. Case No.-239 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== ANWAR MIAN S/o Md. Mustfa Miyan @ Alam @ Md. Mustfa R/o villageSansa, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Section 366A/34 of the Indian Penal Code. Daughter of the informant is said to have left her house along with Rs.10000/- after sending her mother to market for fetching medicine. Samsher Alam @ Sonu Souri is said to have kidnapped her with intent to perform marriage with her. Petitioner and others are said to have facilitated kidnapping of his daughter.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has no concern with the aforesaid occurrence. As a matter of fact, daughter of the informant was in love with Samsher Alam

Patna High Court CR. MISC. No.71374 of 2019(2) dt.18-12-2019 2/2 @ Sonu Souri and she suo motu eloped with the said accused taking Rs. 10000/- from her house after sending her mother to fetch medicine for her claiming headache. He has been falsely implicated in the case because he happens to be brother of the said Samsher Alam @ Sonu Souri. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no eye witness of the occurrence of kidnapping of the daughter of the informant. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar (Aurangabad) in connection with Daudnagar P.S. Case No. 239 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T