Tabrez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55465 of 2017 Arising Out of PS. Case No.-44 Year-2017 Thana- CHAKIA District- East Champaran ====================================================== Tabrez Alam, S/o- Amiruddin, resident of Village- Manichhapra, P.S.- Chakia, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Md. Waliur Rahman For the Opposite Party/s :

Mr. SRI BRAJ KISHORE PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Chakia P. S. Case No. 44 of 2017 registered for the offences punishable under Sections 363, 366A of the Indian Penal Code. Allegedly, Malti Kumari the daughter of the informant became traceless and on inquiry it was learnt that from the mobile of the petitioner two times messages were received on the mobile of the victim.

Submission is of false implication and that the petitioner has got no concern with the daughter of the informant, the statement of the victim girl has been recorded under Section 164 Cr.P.C. wherein she has denied regarding her kidnapping and she has stated that she out of her own will went with Md. Faroque Alam and she performed marriage with him, she has

Patna High Court Cr.Misc. No.55465 of 2017(3) dt.12-01-2018 2/2 stated her age 19 years and the court has assessed her age 20 years. From the certificate of Bihar School Examination Board, Patna also she is major.

Learned APP fairly submits that the victim in her statement has not supported the allegation of kidnapping. 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 14th, East Champaran, Motihari in connection with Chakia P. S. Case No. 44 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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