Md. Shairul @ Md. Sairul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8823 of 2015 Arising Out of PS.Case No. -193 Year- 2014 Thana -BIRPUR District- SUPAUL ====================================================== Md. Shairul @ Md. Sairul, son of Md. Harun, resident of village - Kushahar Araji, P.S. - Balua Bazar, District - Supaul. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pramod Mishra, Advocate. For the Opposite Party : Mr. Shailendra Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner, State and the informant.

The petitioner seeks bail in Birpur (Balua Bazar) P.S. Case No. 193 of 2014 under Sections 363 and 366(A)/34 of the Indian Penal Code.

The informant made allegation that the petitioner with the help of Md. Rakib, kidnapped his daughter Nikhat Parveen aged about 15 years.

It is submitted that there was love affairs between the victim and the petitioner. The victim travelled all alone to Delhi alongwith the petitioner. She voluntarily married and on return, she made her statement and alleged that she was kidnapped and

Patna High Court Cr.Misc. No.8823 of 2015 (2) dt.23-04-2015 2 / 2 physical relation was also established but the doctor did not found any sign of sexual intercourse and the doctor assessed the age of the victim to be 18-19 years.

On the other hand, learned counsel for the informant submitted that the victim stated that on threat she was kidnapped. There appears that the victim herself disclosed her age to be 17 years. The doctor assessed the age of the victim to be 18-19 years. The victim travelled with the petitioner to Delhi and remained with the petitioner for some time but the victim no where raised any objection or hue and cry.

Considering the facts aforesaid, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Birpur, Supaul, in Birpur (Balua Bazar) P.S. Case No. 193 of 2014. U.K./- (Prabhat Kumar Jha, J) U T