Md. Ehshan @ Soman @ Somana v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18387 of 2016 Arising Out of PS.Case No. -166 Year- 2015 Thana -JALE District- DARBHANGA ======================================================
1. Md. Ehshan @ Soman @ Somana Son of Md. Jalaluddin, resident of Village- Kataraul, Police Station- Jale, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Shamimul Hoda For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-04-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 366A,120B,352,341 and 323 of the Indian Penal Code and sections 4,8 ,10 and 12 of Protection of Children from Sexual Offences Act. The prosecution case is that on the evening of 8.9.2015 the petitioner along with his accomplices entered into the house of the informant, assaulted the informant and abducted the minor daughter of the informant namely Afsana Khatoon. It is submitted by the learned counsel for the petitioner that that the victim in 164 Cr.P.C. statement got her age recorded as 20 years and court assessed her age as 19 years where she has stated that she was in love with the petitioner, hence, she wants to
Patna High Court Cr.Misc. No.18387 of 2016 (2) dt.29-04-2016 2/2 live with him. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the 164 Cr.P.C. statement of the victim girl, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with Jale P.S. Case No. 166 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T