Hojir Alam @ Hajir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1154 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- Nagara District- Saran ====================================================== Hojir Alam @ Hajir Alam S/O Najir Husain R/O Vill.- Arwa Kothi, P.S.- Nagra, Dist.- Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kabita Devi Wife of Sunil Sah R/O Vill.- Arwa Kothi, P.S.- Nagra, Dist.- Saran at Chapra.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nagara P.S. Case No. 56 of 2024 registered for the offences punishable under Sections 363, 366(a) and 34 of the Indian Penal Code.

3. As per the prosecution story, the informant has alleged that on 24.06.2024, the petitioner along with other coaccused persons kidnapped her minor daughter for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.1154 of 2025(6) dt.26-05-2025 2/3 case. As per the ferdbeyan of the informant the alleged occurrence took place on 24.06.2024 but the information regarding such occurrence has been given to the concerned police station by the informant on 27.06.2024 after lapse of three days without giving any reasonable explanation of delay in lodging the F.I.R. The name of the petitioner along with his entire family members has been dragged in this case by the informant due to their prolong rivalry on account of boundaries of their lands running between them. The petitioner is in custody since 02.09.2024.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. The statement of the victim has been recorded under Section 183 of BNSS in which she had not stated anything against the petitioner. She has clearly stated that she had gone to Delhi with her friend namely Muskan without giving any information to her parents. Moreover, after completion of investigation chargesheet has been submitted in this case by the police.

7. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail

Patna High Court CR. MISC. No.1154 of 2025(6) dt.26-05-2025 3/3 bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran at Chapra in connection with Nagara P.S. Case No. 56 of 2024 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T