Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26901 of 2015 Arising Out of PS.Case No. -199 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== MD. DANISH son of Yaihia Azam, resident of village- Miscout Motihari, P.S.- Motihari Town, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 27.03.2015 in a case registered for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code. The accusation is of kidnapping the minor daughter of the informant. In 164 Cr.P.C. statement the victim has got her age recorded as 17 years when the court has assessed as 15 years, though, as per the medical opinion she was found 17 1⁄2 to 18 1⁄2 years.

It is submitted by learned counsel for the petitioner that in 164 Cr.P.C. statement the victim has stated that

Patna High Court Cr.Misc. No.26901 of 2015 (2) dt.28-07-2015 2/2 she of her own married with the petitioner.

Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 199 of 2015.

(Dinesh Kumar Singh, J) DKS/- U T