Md. Sabbir Alam @ Md. Sabir Alam And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.61284 of 2017 (2) dt.20-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61284 of 2017 Arising Out of PS.Case No. -623 Year- 2017 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Md. Sabbir Alam @ Md. Sabir Alam, Son of Md. Sagir Alam @ Sagir Alam, R/o Village- Harda, P.S.- K. Hat (Sahayak), District- Purnea.

2. Md. Saddam, Son of Md. Mobin Alam, r/o Village Mushapur, P.S.- Korha, District- Katihar. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-12-2017 Heard learned Counsel for the petitioners and the State. Petitioners, already in custody, seek bail in K.Hat (Sahayak) PS Case No. 623 of 2017 registered under Sections 363 and 366A/34 of the IPC.

The allegation is that the petitioners enticed away the minor girl of 15 years.

Learned Counsel for the petitioners submits that the age of the girl was medically accessed between 18-19 years and in her statement recorded under Section 164 Cr.P.C. she stated that she willfully went with the petitioners and there is no acquisition of sexual exploitation to her.

Learned Counsel for the State submits that the girl is minor as per the registration card of the matriculation submitted by father of the victim and she is only 15 years of age and the court has also accessed her age as 15 years.

Having considered the aforesaid facts and circumstances, at present the prayer of bail of the petitioners is rejected. However the petitioners may renew prayer for bail after framing of charge. Snkumar/- (Arun Kumar, J.) U T