Md. Shakur @ Md. Sakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50051 of 2017 Arising Out of PS.Case No. -115 Year- 2017 Thana -GHANSHYAMPUR District- DARBHANGA ====================================================== Md. Shakur @ Md. Sakir, s/o Md. Subhan, r/v Baghela, P.S.-Alinagar, District-Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Ghanshyampur P.S. Case No. 115 of 2017 dated 15.07.2017 instituted for the offences under Sections 363, 366 and 366A/34 of the Indian Penal Code.

The petitioner is said to have forcibly taken away the daughter of the informant, namely, Angoori Parween and married with her.

Learned counsel for the petitioner has submitted that because of the petitioner being in love with the daughter of the informant for a long time, the marriage with her was performed on 14.07.2017. However, since the marriage was not accepted by the parents of the victim girl, the present case was lodged immediately after marriage. The petitioner, as a measure of his bonafide,

Patna High Court Cr.Misc. No.50051 of 2017 (3) dt.27-11-2017 2/2 immediately produced the daughter of the informant before the police. However, the police took the custody of the girl and only after two days, the girl gave her statement under Section 164 of the Cr.P.C., in which she has alleged that she was induced to marry the petitioner. The tenor of the statement made under Section 164 of the Cr.P.C. clearly reflects that such statement has been made under the influence of her parents. Learned counsel for the petitioner has drawn the attention of the Court to the medical report where the age of the victim has been assessed to be 20 to 22 years. Regard being had to the aforesaid facts, specially the period of custody (18.07.2017), the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Biraul, Darbhanga in connection with Ghanshyampur P.S. Case No. 115 of 2017.

(Ashutosh Kumar, J.) Rakhi U T