Muslim Rain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84060 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- Dhrampura District- Rohtas ====================================================== Muslim Rain S/o Rasid Mian R/o Village- Nonsari , PS - Dharampura, DistRohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Singh, Adv.
For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Dharmpur P.S. Case No. 01 of 2024 for the offence punishable under sections 126(2), 115(2), 137(2), 140(3), 303(2), 352, 351(2) and 3(5) of Bharatiya Nyay Sanhita, 2023 lodged on 21.08.2024 by the informant, Reema Devi.
3. As per the prosecution story, the informant alleged that the lady submitted a written report alleging that her daughter has gone missing and Md. Mukhtar Alam is the person behind the kidnapping. This led to the FIR.
4. Subsequently, the victim girl was recovered and according to her, she was in relationship with Md. Mukhtar Alam as per the submission put forward by learned counsel for the petitioner. It is his further submission that Md. Mukhtar Alam is already in jail and a bail petition has been filed vide Cr.
Patna High Court CR. MISC. No.84060 of 2024(2) dt.10-12-2024 2/3 Misc. No. 84192 of 2024. This petitioner is a father and has nothing to do with the alleged relationship between the informant's daughter and his son.
5. Learned APP opposes the prayer for bail submitting that the entire family member is behind the kidnapping.
6. Taking into account the submissions as also the further statement of the learned counsel for the petitioner that the victim girl has narrated that she is in relationship and has married the son of the petitioner, he is in custody since 21.09.2024 having no criminal antecedent and is an aged person, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M. 1st Sasaram in connection with Dharmpur P.S. Case No. 01 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.84060 of 2024(2) dt.10-12-2024 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T