Md. Sikandar Alam @ Sikandar Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4498 of 2018 Arising Out of PS. Case No.-161 Year-2018 Thana- PAKRIDAYAL District- East Champaran ======================================================

1. MD. SIKANDAR ALAM @ SIKANDAR ALAM and Son of Late Wakil Miya,

2. Md. Mugle Ajam @ Mugle Ajam, Son of Late Wakil Miya,

3. Shakila Khatoon, Wife of Late Wakil Miya,

4. Abada Khatoon, Wife of Sikandar Alam,

5. Rasulan Khatoon @ Rasool Khatoon, Wife of Md. Mugle Ajam, All are resident of Village- Vill and P.O.- Harnathpur, P.S.- Pakridayal, District- East Champaran.

... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Md. Anis Akhtar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 23-01-2019 The appellant seeks pre arrest bail in connection with Pakridayal P.S. Case No. 161/2018, registered for offences punishable under Sections 366A/34 of the Indian Penal Code and Sections 3 (i)(r)(s), 3(2)(v) of SC/ST (POA) Act. Allegation against the appellants is that they along with one co-accused Kaish Alam kidnapped the daughter of informant and when the informant went to the house of the appellants, he was abused by caste name.

It has been submitted on behalf of the appellants that the statement of the girl itself shows that she is major and she has not supported the case of prosecution and further no specific

Patna High Court CR. APP (SJ) No.4498 of 2018 dt.23-01-2019 2/2 allegation has been attributed to the appellants. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge - cum-Special Judge SC/ST (POA) Act, East Champaran, Motihari, in connection with Pakridayal P.S. Case No. 161/2018, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.

Accordingly, this appeal is allowed and impugned order is set aside.

(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.01.2019 Transmission Date 25.01.2019.