Md. Samsher @ Samsher Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71199 of 2018 Arising Out of PS. Case No.-40 Year-2016 Thana- BHIMPUR District- Supaul ====================================================== Md. Samsher @ Samsher Alam, Son of Md. Israil, resident of VillageChapin, Police Station- Bhimpur, District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bhimpur P. S. Case No. 40 of 2016 instituted for the offence under Section(s) 363, 366(a) and 120B of the Indian Penal Code.

In the written report, it is alleged that this petitioner along with four other accused persons has kidnapped the minor daughter of the informant while she went to attend call of nature.

The victim girl has given her statement U/s 164 Cr. P.C. wherein she has stated that this petitioner has committed illegal act with her.

Learned counsel for the petitioner submits that both parties have performed marriage. The victim girl has filed

Patna High Court Cr.Misc. No.71199 of 2018(2) dt.10-12-2018 2/2 compromise petition in the Court below. The copy of the compromise petition has been annexed as Annexure 3 to the bail petition.

Petitioner is in custody since 17.7.2018.

Considering the aforesaid, 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 the ACJM-II, Supaul, in connection with Bhimpur P. S. Case No. 40 of 2016 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T