Patna High CourtCR. MISC./48784/2016bail granted

Md. Imran @ Imran v. The State Of Bihar

2016-12-21Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48784 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -AMARPUR District- BANKA ====================================================== Md. Imran @ Imran Son of Late Md. Wahab Resident of VillageSultanpur, Police Station- Amarpur, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 21-12-2016 Heard the counsel for the petitioner and the State. The petitioner prays for grant of anticipatory bail in Amarpur P.S. Case No. 24 of 2016 registered under section 366A IPC.

The informant lodged the case that the petitioner enticed her 15-year-old daughter to accompany him on 10.01.2016 and since then she is traceless. An information was, however, lodged on 19.01.2016.

The contention of the petitioner is that the victim is major and out of her own free will she married with the petitioner on 12.01.2016 which was registered by the authorities of the Chhatisgarh State vide Annexure-2. The victim was produced for her statement under section 164 Cr. P.C. wherein the leaned

Patna High Court Cr.Misc. No.48784 of 2016 (2) dt.21-12-2016 2/2 Magistrate assessed her 17 years old whereas she disclosed 18 years as her age and she stated that on her own free will she had solemnized marriage with the petitioner. Referring to the impugned order, it has been submitted that the mother of the victim has now accepted the marriage and in fact the victim is now pregnant.

Considering the materials on records, it appears that the victim has attained the age of understanding at least. If that be so, then considering her statement made under section 164 Cr. P.C. in my view, the petitioner deserves anticipatory bail. Let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in Amarpur P.S. Case No. 24 of 2016 on condition that one of the bailors shall be his own/close family member.

(Kishore Kumar Mandal, J) HR/- U T