Md. Alauddin @ Md. Allauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20995 of 2018 Arising Out of PS. Case No.-56 Year-2017 Thana- BELSAND District- Sitamarhi ====================================================== Md. Alauddin @ Md. Allauddin S/o Md. Moslim, R/o Village- Kansar, P.S.- Belsand, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Belsand P.S. Case No. 56 of 2017 registered for the offences punishable under Sections 363,366A/34 of the Indian Penal Code.

Allegedly co-accused Md. Rustam, the petitioner and other co-accused kidnapped 17 years old niece of the informant. The statement of the victim girl has been recorded under Section 164 Cr.P.C. wherein she has claimed her age 18 years and learned Magistrate has assessed her age 19 years and she has not supported the allegation of kidnapping.

Submission is of false implication and as per

Patna High Court Cr.Misc. No.20995 of 2018(2) dt.26-04-2018 2/2 statement of the victim girl no offence as alleged is made out, co-accused Md. Rustam has been allowed pre-arrest bail vide Criminal Miscellaneous No. 49263 of 2017 vide Annexure-2. Another co-accused Hanifa khatoon, Julekha Khatoon, Tabassum Khatoon have also been allowed pre-arrest bail vide Criminal Miscellaneous No. 38782 of 2017 and as such the petitioner also deserves sympathetic consideration to which learned A.P.P. does not oppose.

In the facts and circumstances stated above, the petitioner, above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bonds of is 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Belsand P.S. Case No. 56 of 2017, subject to the conditions as laid down in Section 438(2) of the Cr.P.C.

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