Jabbar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21929 of 2017 Arising Out of PS.Case No. -46 Year- 2016 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jabbar Alam, S/o Sekh Jallaluddin @ Sk. Jalaluddin @ Akaloo, Resident of Village- Baikunthwa, P.S. Darpa, District East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar No.III, Advocate For the Opposite Party : Mr. Ajay Kumar-1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-06-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Darpa P.S. Case No. 46 of 2016, registered for the offences punishable under Sections 363, 366(A), 370, 506/34of the Indian Penal Code.

Allegedly, Ebrina Khatoon the minor daughter of the informant was kidnapped by the petitioner and others, as from earlier the petitioner used to teach her.

Submission is of false implication and that the victim is major one, her statement has been recorded under Section 164 of Cr.P.C. wherein she has stated that she has married with the petitioner out of her own sweet will and consent, she has denied

Patna High Court Cr.Misc. No.21929 of 2017 (2) dt.19-06-2017 2/2 regarding her kidnapping and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. submits that in the F.I.R. the age of the victim is mentioned as 11 years but victim has stated her age 20 years and the court has assessed her age 18-19 years. In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran, in connection with Darpa P.S. Case No. 46 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T