Md. Alfaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85876 of 2024 Arising Out of PS. Case No.-262 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== Md. Alfaj S/O Md. Hasmat @ Feko R/o village- Barkatpur, P.O- Pipralatif, P.S- Maraiya, Parbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the State :

Mr. Khurshid Anwar, APP For the Informant :

Mr. Ranjeet Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the informant. Perused the case diary.

2.

The petitioner seeks bail in connection with (Mariya) Parbatta P.S. Case No. 262 of 2024 instituted for the offence under Section 366 of the Indian Penal Code. 3.

Prosecution case in short is that, 17-year-old daughter of the informant, went missing on 21-06-2024, while shopping and was allegedly abducted by the petitioner for the purpose of marriage. When he confronted petitioner's family, they assured her return, but later threatened him and warned of killing his daughter.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.85876 of 2024(4) dt.27-02-2025 2/3 that the petitioner is in custody since 31-07-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. From perusal of the FIR itself, it transpires that petitioner and daughter of the informant were in love affair. There is delay of three days in lodging of the FIR. Learned counsel submits that victim is major on the basis of muslim law as a person, who is sane and has attained the age of puberty is competent to marry. Even in the statement recorded under Section164 of the Cr.P.C., there is no whisper of sexual intercourse against the petitioner. Victim has refused for her medical examination. Charge sheet is submitted.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Other witness have supported the prosecution case.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there is no cogent material against the petitioner even in the statement of the victim, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on

Patna High Court CR. MISC. No.85876 of 2024(4) dt.27-02-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with (Mariya) Parbatta P.S. Case No. 262 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T