Ekbal Ray @ Md. Ekbal @ Md. Ekbal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27022 of 2016 Arising Out of PS.Case No. -40 Year- 2014 Thana -MAHILA P.S DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ekbal Ray @ Md. Ekbal @ Md. Ekbal Ray S/o Jaman Ray @ Juman Khan Resident of Village- Dardari, P.S.- Laukariya, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

The accusation is of abducting the minor daughter of the informant namely Robina Khatoon. It is submitted by learned counsel for the petitioner that in 164 Cr.P.C statement the victim got her age recorded as 18 years when the Court assessed as 17 years and as per medical opinion the victim was found aged about 17 years. In 164 Cr.P.C statement the victim stated that since her parents wanted the victim to marry with someone else, hence she eloped with the petitioner of her own and subsequently performed marriage with the petitioner.

A statement has been made in para 3 of the

Patna High Court Cr.Misc. No.27022 of 2016 (2) dt.30-06-2016 2/2 petition that petitioner has no criminal antecedent. Considering the fact that the victim girl is approaching majority and 164 Cr. P.C statement reflects that she was never been kidnapped, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory 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, Bagaha, West Champaran in connection with Bagaha Mahila P.S. Case No. 40 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T