Alisan Sheikh @ Sheikh Ali @ Alisan v. The State Of Bihar

Patna High Court Cr.Misc. No.7954 of 2016 (2) dt.08-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7954 of 2016 Arising Out of PS.Case No. -127 Year- 2015 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Alisan Sheikh @ Sheikh Ali @ Alisan Son of Sk. Quamrul Hoda@Kamar Hoda Sheikh Resident of Chanpatiya Centre, P.s Sheikhpura, District West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. P.K.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-04-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Gaunaha P.S.Case No. 127/2015, disclosing offences under section 366A of the Indian Penal Code.

The allegation against the petitioner is of abducting the grand-daughter of the informant.

Statement of the victim under section 164 of the Cr.P.C. has been recorded. She has stated that the present petitioner forced her to go with him.

Learned counsel for the petitioner refers to a marriage certificate issued by the Marriage Officer, Bettiah, which has been

Patna High Court Cr.Misc. No.7954 of 2016 (2) dt.08-04-2016 brought on record by way of Annexure 2 to this application, to submit that the petitioner and the said victim girl got married under the Special Marriage Act. He further submits that the victim appears to have made statement under section 164 of the Cr.P.C. under some coercion and pressure by her family members. Considering the nature of accusation and the submissions advanced on behalf of the petitioner, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 Sri Sitesh Kumar, Judicial Magistrate, 1st Class, Bettiah, West Champaran in Gaunaha P.S.Case No. 127/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U