Parvez Alam @ Lalu And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45084 of 2015 Arising Out of PS.Case No. -168 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Parvez Alam @ Lalu S/o Md. Amin Miyan R/o Dudhati Kothhi

2. Pradeep Baithha @ Musa S/o Ganesh Baithha R/o Harsidhhi ( Dhobi Tola ), Both P.S. Harsidhhi, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 15-10-2015 Learned counsel for the petitioners is permitted to make necessary correction in paragraph 1 of the petition.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363, 366 and 366A of the Indian Penal Code. The prosecution case is that the daughter

Patna High Court Cr.Misc. No.45084 of 2015 (2) dt.15-10-2015 2/3 of the informant was kidnapped by the accused persons. It is submitted by learned counsel for the petitioners that the victim in 164 Cr.P.C. statement has got her age recorded as 19 years when the court has assessed as 20 years where she has stated that since her parents wanted to marry her with an old person, hence, she married with petitioner no. 1 Parvez Alam and she wants to stay with her in-laws. It is further submitted that in view of the 164 Cr.P.C. statement of the victim no offence under Section 366 or 366A IPC is made out. Moreover, the victim has not named petitioner no. 2.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Gobindganj (Malahi) P.S. Case No. 168

Patna High Court Cr.Misc. No.45084 of 2015 (2) dt.15-10-2015 3/3 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T