Ahmad Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1675 of 2025 Arising Out of PS. Case No.-283 Year-2024 Thana- JAMOBAZAR District- Siwan ====================================================== Ahmad Hussain S/o- Md. Yakub Mansuri @ Chhote Hussain Resident of village- Bahuara PS- Badhariya District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Verma, Adv For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 03-07-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jamo Bazar P.S. Case No. 283 of 2024 registered for the offences punishable u/s 137(2), 96/3(5) of the B.N.S.

3. As per the prosecution case, the petitioner is alleged to have forcefully taken away the minor daughter of the informant with the help of the co-accused Deepak Kumar with the intention to solemnize marriage with her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is love affair between the daughter of the informant and the petitioner. It has further

Patna High Court CR. MISC. No.1675 of 2025(5) dt.03-07-2025 2/3 been submitted that the statement of the victim girl was recorded under Section 180 and 183 of the B.N.S.S., wherein she has clearly stated that she was in love with the petitioner and she was not kidnapped rather she had gone out of her own sweet will. It is lastly submitted that the petitioner has one criminal antecedent and is in custody since 28.08.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that there is an allegation upon the petitioner to abduct the minor daughter of the informant and he carries one criminal antecedent of similar nature of offence, hence, he does not deserve the liberty of bail.

6. Considering the aforesaid submissions of the parties and also considering the statement of the victim girl recorded u/s 183 of the B.N.S.S., coupled with the fact that the petitioner is in custody since 28.08.2024, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Jamo Bazar P.S. Case No. 283 of 2024, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so

Patna High Court CR. MISC. No.1675 of 2025(5) dt.03-07-2025 3/3 required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) The petitioner shall not approach the informant or any of the family members of the victim girl to either coerce or threaten during the pendency of the trial.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T