Kalam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9992 of 2019 Arising Out of PS. Case No.-530 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== KALAM ANSARI, Son of Kalimuddin Ansari @ Kalimullah Ansari, Resident of village-Khanpur Kala, Police Station-Thawey, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Gopalganj Town P.S. Case No. 530 of 2018 registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that although there is a allegation of kidnapping against this petitioner of the daughter of the informant, but the daughter of the informant has appeared and made her statement under Section 164 Cr.P.C. in which she has stated that she has solemnized marriage with the petitioner. Nothing wrong has been stated against the petitioner. Learned counsel further

Patna High Court Cr.Misc. No.9992 of 2019(2) dt.19-02-2019 2/2 submits that according to Muslim Rites and Customs if a girl has attained puberty and having completed the age of 15 years she is competent to get married without consent of her parents. Learned APP for the State is present and has opposed the prayer for bail.

In the given facts and circumstances considering the statement of the victim girl under Section 164 Cr.P.C., in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 530 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T