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Patna High CourtCR. MISC./26158/2021allowed

Md. Anwar v. The State Of Bihar

2022-01-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26158 of 2021 Arising Out of PS. Case No.-275 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== Md. Anwar, S/o Md. Abdul Gfar, R/o Ward No. 14, Bangaav, Baragaon, Sitamarhi, Bihar-843314.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Falakyar Askari For the Opposite Party/s :

Mr. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in Bajpatti P.S. Case No.275 of 2019, registered for the offences punishable under Sections 341, 323, 363, 365, 372 and 34 of the Indian Penal Code.

The petitioner is said to have kidnapped the daughter of the informant.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.26158 of 2021(3) dt.18-01-2022 2/2 petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner is the husband of the victim. It is further submitted that the victim in her statement recorded under Section 164 Cr.P.C. has stated that she has solemnized marriage with the petitioner and nobody has kidnapped her. It is further submitted that the Medical Board and the learned Magistrate assessed the age of the victim as 19 years.

Taking into consideration the fact that the victim girl does not support the prosecution case in her statement recorded under Section 164 Cr.P.C., let petitioner, above named, in the event of his arrest or surrender before the learned court below within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri, Sitamarhi in connection with Bajpatti P.S. Case No.275 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J.) Sanjay/- U T