Mubarak @ Md. Mubarak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1472 of 2025 Arising Out of PS. Case No.-311 Year-2024 Thana- DAGARUA District- Purnia ====================================================== Mubarak @ Md. Mubarak, Son of Late Baharuddin Resident of Village - Buwari, P.S.- Dagarua, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Fazle Karim For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-02-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 76, 137(2), 87, 303(2), 352, 351(2) and 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that this petitioner along with other named accused persons and unknown accused forcibly took the daughter of the informant from her house. Further, during search, the informant reached the house of the petitioner from where he rescued his daughter.
Patna High Court CR. MISC. No.1472 of 2025(2) dt.05-02-2025 2/3
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that petitioner is own maternal nephew of the informant i.e. mother of the petitioner is own sister of the informant, but then, this fact has been concealed. It is also submitted that since the informant was forcing the victim to marry a person of his choice to which she was not agreeing, as such, the victim had come to the house of the petitioner. It is also submitted that mother of the petitioner has instituted a case against the informant being Complaint Case No.2608 of 2024. It is further submitted that no doubt the victim in her statement recorded under Section 180 of B.N.S. has supported the case of the prosecution, but then, the statement was recorded under the influence of the informant and victim has not disclosed that she was harmed in any manner.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.1472 of 2025(2) dt.05-02-2025 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Dagarua P. S. Case No.311 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T