Sabre Alam @ Md. Sabare Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27269 of 2019 Arising Out of PS. Case No.-165 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== SABRE ALAM @ MD. SABARE ALAM Son of Mohammad Ainur Khan Resident of Village - Prataptand (West), P.S.- Bhagwanpur, Distt - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Bhagwanpur P.S. Case No. 165 of 2018, instituted for the offence under Section(s) 363 and 366(A) of Indian Penal Code.

It is alleged in the written report that on the date of occurrence, petitioner along with his parents entered into the house of the informant and took away his daughter Pinki Kumari aged about 14 years on the point of arms. The statement of victim girl has been recorded under Section 164 Cr. P.C. wherein she has stated that petitioner along with another accused took her with Motorcycle. She identified the petitioner but she did not identify another person. She has further stated that petitioner has committed illegal act

Patna High Court CR. MISC. No.27269 of 2019(4) dt.12-07-2019 2/2 with her.

Counsel for the petitioner submits that as per medical report, the victim girl is aged about 17 years. She has stated her age in the statement recorded under Section 164 Cr. P.C. as 15 years. He further submits that girl was consenting party. Both the parties have entered into compromise. Xerox copy of compromise petition has been enclosed as Annexure-2. Petitioner is in custody since 22.9.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 165 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T