Md. Khalil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35590 of 2021 Arising Out of PS. Case No.-457 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== MD. KHALIL Son of Jainul Resident of Village - Tarma, P.S.- Runnisaidpur, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Runnisaidpur P.S. Case No. 457 of 2020, registered for the offence punishable under Sections 363, 366(A) of the Indian Penal Code. As per the prosecution case, this petitioner along with co-accused persons kidnapped the minor daughter of informant. It is submitted on behalf of the petitioner in fact, there is love affair between the victim girl and co-accused Md. Shahid. During course of investigation, the victim girl in her statement under Section 164 Cr.P.C has stated that she voluntarily left her house and went along with co-accused Md. Shahid and no one has kidnapped her and they also solemnized

Patna High Court CR. MISC. No.35590 of 2021(2) dt.10-09-2021 2/2 marriage and are living together as wife and husband. As per the Bihar School Examination Board certificate date of birth of victim girl is 15.02.2002 and she is major. Petitioner has been made accused in this case simply because he is father of coaccused Md. Shahid and petitioner is in custody since 04.02.2021 having clean antecedent. Investigation is complete. In view of statement of victim girl under Section 164 Cr.P.C., the petitioner above-named, is directed to be enlarged 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No.

457 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.