Shahnawaz Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31846 of 2021 Arising Out of PS. Case No.-119 Year-2019 Thana- SAHAR District- Bhojpur ====================================================== SHAHNAWAZ AHMAD Son of Anwar Ahmad Resident of Village- Abgila, P.S.- Sahar, District- Bhojpur, State- Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Singh For the Opposite Party/s :

Mr. Surendra Prasad Singh Mr.Pankaj Kumar Singh Neeraj Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-03-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner as well as the learned counsel for the informant.

The petitioner apprehends his arrest for the offences alleged under Sections 363 and 366(A)/34 of the Indian Penal Code, registered in connection with Sahar P.S. Case No.119 of 2019.

There is allegation against the petitioner that he kidnapped the daughter of the informant.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.31846 of 2021(2) dt.21-03-2022 2/3 that the victim was recovered and her statement under Section 164 of the Cr.P.C. was recorded, in which she has stated that she had gone with her own sweet will.

The learned counsel for the informant has submitted that after the statement of Section 164 of the Cr.P.C., the victim has filed an affidavit that the present petitioner had kidnapped her.

The victim firstly stated that none had kidnapped her, but later on she retracted from her earlier version and filed affidavit that the petitioner had kidnapped her. The admit card of the victim has been annexued as Annexure P/3, which shows that her date of birth is 15.12.1999. The learned court below has also assessed her age while noting down her statement under Section 164 of the Cr.P.C. as 18 years.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, 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 learned Additional Chief Judicial Magistrate-VI, Bhojpur at Ara in connection with Sahar P.S.Case No.119 of 2019, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.31846 of 2021(2) dt.21-03-2022 3/3 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T