Sakilur Rahman @ Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2278 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- SURSAND District- Sitamarhi ====================================================== Sakilur Rahman @ Pintu, son of Md. Ataur Rahman, Resident of VillageKumma, P.S.- Sursand, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Advocate.

For the informant : Ms. Madhulata Verma, Advocate. For the Opposite Party/s :

Mr. Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and the State. Counsel for the informant is also present but Vakalatnama on her behalf is not on record. Counsel for the informant submits that she has filed Vakalatnama today itself in the office. The petitioner seeks bail in Sursand P.S. Case No. 99 of 2018, instituted for the offence under Section(s) 363, 366(A) and 379/34 of Indian Penal Code.

In the written report it is alleged that son-in-law of the informant namely, Sakilur Rahman @ Pintu was living in her house for last eight years. He came to the house of the informant and took her younger daughter namely Soni Khanam on pretext to get cloth stitched for her but she did not return. The informant searched her daughter and went to the house of

Patna High Court Cr.Misc. No.2278 of 2019(2) dt.17-01-2019 2/3 her son-in-law situated in the same village. She enquired from her son-in-law but he denied to say anything. It is further alleged that her son-in-law along with his parents has kidnapped her younger daughter for the purpose of marriage. The informant searched her Almirah and found some ornaments of gold and silver have also been taken by them. Counsel for the petitioner submits that statement of victim girl has been recorded under Section 164 Cr. P.C. wherein she has stated that she was in love with one Abdur Rahman who is Dewar of her sister. The statement of victim girl recorded under Section 164 Cr. P.C. has been enclosed as Annexure-3. The victim girl has not levelled any allegation of specific overt act against the petitioner.

In the statement recorded under Section 164 Cr. P.C. the victim girl has stated her age as 16 years. The Magistrate has assessed her age to be 17 years. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 Shri Virendra Pratap Singh, learned A.D.J. 1st cum Spl. Judge (POCSO) Act, Sitamarhi,

Patna High Court Cr.Misc. No.2278 of 2019(2) dt.17-01-2019 3/3 in connection with Sursand P.S. Case No. 99 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T