Patna High CourtCR. MISC./86147/2023bail rejected

Mujtaba Alam Alias Md Mujtaba v. The State Of Bihar

2024-06-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86147 of 2023 Arising Out of PS. Case No.-10 Year-2021 Thana- ANGARH District- Purnia ====================================================== Mujtaba Alam Alias Md Mujtaba son of Abdul Hameed Village panki, P.S. Routa, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr.Adv.

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Ms.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for offence punishable under Sections 363, 366 of the Indian Penal Code.

3. As per F.I.R., the allegation against petitioner is that he forcibly kidnapped daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case due to village politics. There is delay of 10 days in lodging the F.I.R. and no satisfactory explanation has been given for such undue delay. He further submits that the victim is major and she voluntarily

Patna High Court CR. MISC. No.86147 of 2023(4) dt.21-06-2024 2/2 fled away with his lover after taking the jewellery worth Rs. One lac from the house. No case under Section 363 I.P.C. is made out against this petitioner. Petitioner is in custody since 05.10.2023.

5. However, learned A.P.P. for the State vehemently opposes the prayer for bail and submits that there is specific and direct allegation of kidnapping against petitioner. During investigation, it has come that there was active conversation between the petitioner and the victim girl.

6. Considering the aforesaid facts and circumstances, the prayer for bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay U T