Mustak Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18851 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== MUSTAK ALAM Son of Munna Baitha @ Munna R/o village- Hat Saraiya, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Nath Jha, Advocate.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Bairiya P.S. Case No. 25 of 2019, instituted for the offence under Section(s) 363 and 366 of Indian Penal Code.

It is alleged in the written report that minor daughter of the informant had gone to attend call of nature and she did not return. Allegation against the petitioner is that he has kidnapped the victim girl.

The victim girl on recovery has given statement under Section 164 Cr. P.C. wherein she has stated that she had voluntarily gone with the petitioner and wants to perform marriage with him. She wants to live with this petitioner. She has stated her age in the statement recorded under Section 164

Patna High Court CR. MISC. No.18851 of 2019(2) dt.28-03-2019 2/2 Cr. P.C. as 19 years. The court has assessed her age as 16 years. Petitioner is in custody since 22.01.2019.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released 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 Additional Chief Judicial Magistrate-VII, West Champaran at Bettiah, in connection with Bairiya P.S. Case No. 25 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T