Md. Ashad @ Md. Ahd v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5543 of 2016 Arising Out of PS.Case No. -113 Year- 2015 Thana -PRANPUR District- KATIHAR ======================================================
1. Md. Ashad @ Md. Ahd Son of Md. Sakruddin Resident of Village - Jonia, P.S. Pranpur, District Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 29.11.2015 on the accusation that he kidnapped the victim for the purpose of marriage. The victim has already been recovered and her statement under Section 164 of the Cr.P.C. has been recorded. The victim stated in her statement that she was forcibly taken away by the petitioner but subsequently, she solemnized her marriage with petitioner under pressure. The victim further stated that when her family members called her, she along with petitioner returned to her home.
Contention on behalf of the petitioner is that the victim being major solemnized her marriage by her own sweet
Patna High Court Cr.Misc. No.5543 of 2016 (2) dt.16-02-2016 2/2 will as she was in love with the petitioner but subsequently, under the pressure of her family members, she made the above stated statement.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Katihar in connection with Pranpur P.S. Case No. 113 of 2015.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T