Md. Sahid @ Anwar v. The State Of Bihar

Patna High Court Cr.Misc. No.38644 of 2015 (3) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38644 of 2015 Arising out of PS.Case No. -149 Year- 2015 Thana -GOGRI District- KHAGARIA ====================================================== Md. Sahid @ Anwar, Son of Md. Salauddin, resident of Village-Rampur, Police Station -Gogri, District Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Binay Kumar, Advocate. For the Opposite Party : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 02.06.2015 in connection with Gogri P.S. Case No. 149 of 2015 for the offences instituted under Sections 366(A) and 372 of the IPC. The prosecution story, in brief, is that on 12.04.2015 at 5 P.M. Khusbu Kumari, the daughter of the informant, had gone to market to bring vegetable but did not return till 9 P.M. Then the informant began to search for his daughter and in such course, he came to know that this petitioner has kidnapped the minor daughter of informant Sachin Sah, aged about 13 years with an intention to marry and in the incident there is involvement of coaccused persons as mentioned in the F.I.R.

Patna High Court Cr.Misc. No.38644 of 2015 (3) dt.08-10-2015 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 02.06.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. From perusal of paragraph no. 44 of the case diary which is the statement of the victim under Section 161 Cr. P.C. and her statement under Section 164 Cr. P.C it would appear that the victim has given different versions in respect to the manner of occurrence. The mother of the victim in paragraph no. 7 of the case diary has stated that the victim was in possession of a Mobile Phone when she asked in respect to the said Mobile Phone the victim left the house. Later on, she learnt that the victim has eloped with the petitioner for the purpose of marriage. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 the learned J.M. Ist Class, Khagaria, in connection with Gogri P.S. Case No. 149 of 2015. U.K./- (Sudhir Singh, J) U T