Patna High CourtCR. MISC./7373/2018bail granted

Md. Gaffar @ Md. Ghaffar v. The State Of Bihar

2018-02-07Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7373 of 2018 Arising Out of PS.Case No. -199 Year- 2017 Thana -BANMANKHI District- PURNIA ======================================================

1. Md. Gaffar @ Md. Ghaffar S/o Md. Latru Mian @ Latif @ Lattar Mian, R/o Village- Mojma, P.S.- Shankarpur, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Banmankhi P.S. Case No. 199 of 2017 registered under Section 366-A/34/506 of the Indian Penal Code.

Petitioner is said to have kidnapped the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case due to family dispute. He has no concern with the aforesaid occurrence. The victim happens to be major and the learned Magistrate while recording the statement of the victim assessed her age to be 18 years and the victim in her statement under Section 164 Cr.P.C.

Patna High Court Cr.Misc. No.7373 of 2018 (02) dt.07-02-2018 - 2 - has candidly stated that she had gone to Jama Masjid Delhi for roaming along with her brother-in-law (petitioner) and the elder sister without knowledge of her parents. She has not made any allegation of kidnapping against the petitioner. The petitioner has been languishing in custody since 14.10.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 Additional Chief Judicial Magistrate 1st, Purnea in connection with Banmankhi P.S. Case No.199 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T