Kaish Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1018 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- PAKRIDAYAL District- East Champaran ====================================================== KAISH ALAM Son of Late Wakil Miya Resident of Village- and P.O.- Harnathpur, P.S.- Pakridayal, District- East Champaran. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Md. Anis Akhtar For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 26-03-2019 The appellant seeks pre arrest bail in connection with Pakridayal P.S. Case No. 161 of 2018, registered for offences punishable under Sections 366(A)/34 of the Indian Penal Code and Section 3(i)(r)(s), 3(2)(v) of SC/ST Act.
Allegation against the appellant is of kidnapping the minor daughter of the informant.
It has been submitted on behalf of the appellant is that I the statement recorded under Section 164 Cr.P.C. the girl has disclosed her age as twenty years and the certificate issued by the Government of Bihar also shows her age as 19 years and has also disclosed that she has married with the appellant out of her own will.
Heard learned Special P.P. also.
Having heard both sides, considering the facts and
Patna High Court CR. APP (SJ) No.1018 of 2019 dt.26-03-2019 2/2 circumstances of the case, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge SC/ST (POA) Act, East Champaran, Motihari, in connection with Pakridayal P.S. Case No. 161 of 2018, subject to the conditions laid down under Section 438 (2) of Cr.P.C. Accordingly, this appeal is allowed and impugned order is set aside.
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