IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71754 of 2021

Arising Out of PS. Case No.-222 Year-2021 Thana- BAISI District- Purnia

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MD. MIRAJ Son of Late Sukhana R/o Village - Pahariya, P.S.- Baisi, District

- Purnea.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Vikram Singh, Advocate

Mr. N.K. Aggrawal, Sr. Advocate

Mr. Vikram Singh, Advocate

For the Opposite Party/s :

Ms.Sharda Kumari, APP

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

4

01-09-2022

Heard learned senior counsel for the petitioner and

learned A.P.P. for the State.

The petitioner apprehends his arrest in a case

registered for the offences punishable under Sections 363, 365

and 34 of the Indian Penal Code.

Learned senior counsel for the petitioner submits that

the petitioner is a person with clean antecedent and the

informant alleges that his sister was staying with him and had

gone to meet her husband(petitioner) for getting some money

for the festival but she did not return as such it is alleged that the

informant came to know from the villagers that on the date of

occurrence, the petitioner along with other accused persons

assaulted her and thus alleges that the victim is missing till date.

Patna High Court CR. MISC. No.71754 of 2021(4) dt.01-09-2022

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Learned senior senior counsel for the petitioner

submits that the victim was married to the petitioner 15 years

back and out of wedlock two children were born, who are

presently minor, it is also submitted that from bare perusal of

allegation as alleged in the FIR, it would manifest that the

victim was not staying with the petitioner rather she was staying

at her brother’s place and after informing, his brother had gone

to meet her husband but she did not return, it is next submitted

that the said allegation in no manner even remotely suggests that

the victim had reached the house of the petitioner and thereafter

she went missing, it is next submitted that as far as it is alleged

that it were the villagers who informed the informant about the

occurrence is also stand falsified for the reasons that in the case

diary no statement of any of the villagers has been recorded, the

learned senior counsel for the petitioner next submits that the

entire allegation hinges around suspicion in which along with

petitioner his minor sons have also been implicated. It is next

submitted that the marriage was 15 years old and in these 15

years no case ever came to be instituted and all of a sudden the

informant is alleging that petitioner was instrumental in missing

of the sister who is also the wife of the petitioner and mother of

his children, the learned senior senior counsel next submits that

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from perusal of the case diary it would also manifest that no

witness has come forward even to remotely suggests that they

had seen the victim in the company of the petitioner or at his

resident.

Learned A.P.P. for the State opposes the prayer for

anticipatory bail of the petitioner.

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 trial court

within a period of six weeks from today, be released on

anticipatory bail on furnishing bail bonds of Rs. 10,000/-

(Rupees Ten Thousand) with two sureties of the like amount

each to the satisfaction of the learned trial court where the case

is pending/successor court in connection with Baisi P.S. Case

No. 222 of 2021 subject to the conditions as laid down under

Section 438 (2) of the Cr.P.C.

Shivam/-

(Satyavrat Verma, J)

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