Md. Abdul v. The State Of Bihar

Patna High Court Cr.Misc. No.51705 of 2014 (3) dt.14-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51705 of 2014 Arising Out of PS.Case No. -72 Year- 2014 Thana -AWADPUR District- KATIHAR ======================================================

1. Md. Abdul son of Azad Resident of village- Mistri Tola, Jatahar, P.S.- Abadpur, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-05-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Abadpur P.S. Case No. 72 of 2014 registered for the offences punishable under Sections 366/34 of the Indian Penal Code. Allegedly, the married daughter of the informant was kidnapped by the petitioner and others and during investigation the victim girl was recovered and her statement under Section 164 Cr.P.C. has been recorded wherein she has stated that 3 boys pressed her mouth and took away and kept her one night at the station and on the second day the petitioner told her to marry with him to which she stated that she is already married and then she came with Police. She has also stated that the accused persons did

Patna High Court Cr.Misc. No.51705 of 2014 (3) dt.14-05-2015 not make any physical relationship with her.

Submission is of false implication and that considering the reality the informant has filed compromise petition also and due to some differences the case has been filed and due to compromise good sense has been prevailed between the parties and also there was love affair between the petitioner and victim girl and, as such, the petitioner deserves sympathetic consideration to which the learned APP does not dispute.

In the facts and circumstances stated above, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Katihar in connection with Abadpur P.S. Case No. 72 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T