Abdulla @Abdullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23829 of 2019 Arising Out of PS. Case No.-654 Year-2018 Thana- ARARIA District- Araria ====================================================== ABDULLA @ABDULLAH Son of Md. Jahangir Resident of VillageKoshkipur, P.S.- Araria, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma For the Opposite Party/s :
Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-04-2019 Heard both sides.
The petitioner apprehends his arrest in Araria P.S. case No. 654 of 2018 registered under Section 363, 366A, 34 of the IPC.
The mother of the victim alleged that petitioner kidnapped her minor daughter, who had gone to college but she did not return, with the help of Raja Ali and Ejanul Raj. The learned counsel for the petitioner submits that victim is a major girl. She voluntarily left her house and went along with petitioner and they both solemnized marriage and filed joint petition. The victim made her statement u/s 164 of the Cr. P. C and she made allegation that petitioner took her to Delhi on false allurement. The date of birth of victim is 01.01.2000 as per Adhar Card. The occurrence took place on 28.09.2018 and
Patna High Court CR. MISC. No.23829 of 2019(2) dt.12-04-2019 2/2 on that date she was major. From perusal of the statement of victim it would appear that she did not raise any protest or alarm while accompanying the petitioner to Delhi.
Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that victim appears to be a major girl on the basis of entry made in Adhar Card, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. case No. 654 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T