Md. Asrar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44355 of 2014 Arising Out of PS.Case No. -48 Year- 2014 Thana -MORKAHI District- KHAGARIA ====================================================== Md. Asrar Son of Md. Riyasat @ Rayaz Resident of Village-Kulhariya, P.S.-Parbatta, District-Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 354A, 366A, 368 and 372/34 of the Indian Penal Code.

The allegation against the petitioner is that he enticed away the daughter of the informant.

It is submitted that soon after the recovery, the alleged victim girl has been examined by the doctor, who has estimated her age between 18 to 19 years. In her statement under Section 164 Cr. P.C., the victim has stated that she had love affairs with the petitioner. The petitioner has no criminal antecedents.

Learned counsel for the State submits that the learned Magistrate has assessed her age as 16 years and stated that petitioner had taken away the victim girl. It appears from her statement that she has also made allegation against the petitioner.

Considering the facts and circumstances of this

Patna High Court Cr.Misc. No.44355 of 2014 (2) dt.03-03-2015 2/2 case, the above-named petitioner 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 Chief Judicial Magistrate, Khagaria/ court concerned in Morkahi P. S. Case no. 48 of 2014 (G.R. no. 1115 of 2014) after framing of charge with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T