Md. Shamshadu Jama @ Md. Shamshadujjama @ Shamshaduzzaman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 31644 of 2018 Arising Out of PS. Case No.-443 Year-2017 Thana- Barauni District- Begusarai ====================================================== Md. Shamshadu Jama @ Md. Shamshadujjama @ Shamshaduzzaman, son of Late Md. Idrish @ Late Md. Ankhar, Resident of Village- Lakhminia, P.S. Balia, District Begusarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

12-06-2018 Heard Sri Mrityunjay Kumar, learned counsel for the petitioner and Sri Shantanu Kumar, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Barauni P.S. Case No. 443 of 2017 registered for offence under Sections 366(A)/34 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.

At the very outset, it was submitted by learned counsel for the petitioner that petitioner alongwith his two sons and one another person were arrayed as accused in a case, as if, petitioner was one of the member in kidnapping of minor daughter of the informant for the purpose of her marriage. Learned counsel for the petitioner has drawn my attention to Annexure - 2 to the petition i.e. statement of the victim girl

Patna High Court Cr.Misc. No.31644 of 2018(2) dt.12-06-2018 2/2 recorded under Section 164 of the Cr.P.C. He submits that in her statement recorded under Section 164 of Cr.P.C., the victim has categorically stated that since she was beaten by her father, who is informant in the present case, she voluntarily had left her parents' house and she went to her maternal grand parents' house and she was residing with her maternal grand mother at Kolkata.

On perusal of Annexure - 2 to the present petition, the Court is satisfied that there is no reason to refuse the prayer for grant of anticipatory bail to the petitioner. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Md. Shamshadu Jama @ Md. Shamshadujjama @ Shamshaduzzaman 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 learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 443 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T