Allowed

Atik Aman @ Bade @ Anwarul Haque @ Anwarul Hak v. The State of Bihar

Patna HC12 Nov 2024CR. MISC./70283/2024

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case concerning the alleged kidnapping of a minor daughter. The court noted inconsistencies in the victim's statement and doubts regarding the motive behind the FIR.

What did the court decide?

The petitioner was released on anticipatory bail for four weeks on furnishing a bond of Rs. 10,000/- and two sureties of the like amount.

Atik Aman @ Bade @ Anwarul Haque @ Anwarul Hak… — Child Sexual Offences (POCSO) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70283 of 2024

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Arising Out of PS. Case No.-2 Year-2024 Thana- PALANWA District- East Champaran

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======================================================

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Atik Aman @ Bade @ Anwarul Haque @ Anwarul Hak Son of Maksood Alam R/O-VillageMohalla- Narayanpura, Ward No. 6, P.S.- Ramnagar, District- West Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Singh For the Opposite Party/s : Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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2 12-11-2024

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Heard the parties.

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The petitioner apprehends his arrest in connection with Palanwa P.S. Case No. 02 of 2024 dated 09.01.2024 registered under Sections 363, 366-A & 34 of the I.P.C.

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As per the allegation made in the F.I.R. the minor daughter of the informant was kidnapped by the petitioner / Atik Aman on 25.12.2023. Subsequently, the informant went to meet the petitioner’s father namely, Maksood Alam, who assured safe return of his daughter but subsequently resiled from his promise and threatened the informant of dire consequences.

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Learned counsel for the petitioner submits that the father of the petitioner is a doctor and running a hospital in the name and style of Aman Hospital and Trauma Centre in which elder daughter of the informant and sister of the victim was admitted on 08.12.2023 and the treatment went up to 19.12.2023. When

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Patna High Court CR. MISC. No.70283 of 2024(2) dt.12-11-2024 2/3

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the informant’s daughter was discharged from the hospital a bill of Rs. 31,300/- was handed over to the informant out of which Rs. 5000/- was paid by the informant and when hospital demanded the balance amount towards treatment bills the false case has been lodged. He further submits that the victim girl was not recovered by the Police and suddenly she appeared and her statement under Section 161 Cr.P.C. was recorded in which she has stated that she was confined in the hospital between 08.12.2023 to 19.12.2023 whereas in her statement recorded under Section 164 Cr.P.C. she has said that on 25.12.2023 in the evening the petitioner came with motorcycle and forcibly kidnapped her and took her to Ram Nagar. The petitioner along with his father has falsely been implicated on the basis of a concocted story.

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Having regard to the submission made by learned counsel for the petitioner and the statement made in paragraph nos. 14, 15 & 18 of the bail application, I am inclined to grant anticipatory bail to the petitioner.

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Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two

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Patna High Court CR. MISC. No.70283 of 2024(2) dt.12-11-2024 3/3

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sureties of the like amount each to the satisfaction of learned J.M.-Ist, Motihari in connection with Palanwa P.S. Case No. 02 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Atik Aman @ Bade @ Anwarul Haque @ Anwarul Hak v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Atik Aman @ Bade @ Anwarul Haque @ Anwarul Hak v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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