Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 8189 (PAT)

Md. Sokhir Alam v. The State of Bihar

CR. MISC./2536/2025 · 2025-02-13

Anil Kumar Sinha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2536 of 2025 Arising Out of PS. Case No.-123 Year-2024 Thana- GWALPARA District- Madhepura ====================================================== 1. Md. Sokhir Alam Son of Md. Nasheem Alam Resident of Sinharpur Ward No. 4, P.S.- Udakishunganj, District- Madhepura 2. Md. Sallauddin Son of Nasheem Alam Resident of Sinharpur Ward No. 4, P.S.- Udakishunganj, District- Madhepura 3. Badiya @ Badre Alam Son of Md. Nizam Resident of Reshan Ward No. 3, P.S.- Gawalpada, District- Madhepura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dinesh Prasad Verma For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 13-02-2025 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Gwalpara Police Station Case No. 123 of 2024, dated 04.07.2024, disclosing offences punishable under Sections 323/376/417/498/493/34 of the Indian Penal Code. 3. The prosecution case, as per the complaint -cum- First Information Report, is that the marriage of the informant was solemnized with some other person in the year 2020 and out of their wedlock, one child was born in the year Patna High Court CR. MISC. No.2536 of 2025(2) dt.13-02-2025 2/3 2022. It has been alleged that accused no. 1, namely, Md. Sahil, took her to Delhi, established physical and live-in relationship with the informant on the pretext of solemnizing marriage. It has further been alleged that the petitioners, who are the maternal uncles and father of co- accused Md. Sahil, kept the informant in their house on the promise of marriage. 4. Learned Counsel for the petitioners submits that the petitioner nos. 1 and 3 are the maternal uncles of co- accused Md. Sahil and the petitioner no. 2 is his father. The informant is a married lady and she went to Delhi with co-accused Md. Sahil in order to earn livelihood. There is no specific allegation against the petitioners that they were instrumental in pressurizing the informant to go to Delhi with co-accused Md. Sahil. 5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioners are the maternal uncles and father of co- accused Md. Sahil and there is no specific allegation against them, I am inclined to grant the petitioners privilege of anticipatory bail. 6. This application is, accordingly, allowed. Patna High Court CR. MISC. No.2536 of 2025(2) dt.13-02-2025 3/3 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Udakishunganj, in connection with Gwalpara Police Station Case No. 123 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √