Raju Khan @ Imran Warsi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8169 of 2016 Arising Out of PS.Case No. -118 Year- 2015 Thana -JAGDIHSPUR District- BHOJPUR ======================================================

1. Raju Khan @ Imran Warsi Son of Md. Ekaram Warasi Resident of Village -Chik toli, Jagdishpur , Police Station - Jagdishpur , District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. R.P.S. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-02-2016 Petitioner is permitted to make necessary correction in para-18 of the petition within course of the day. Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The statement of victim has been recorded under Section 164 of the Cr.P.C. in which she stated that she had some sweet relation with petitioner and on the invitation of petitioner, she left her home along with the petitioner but subsequently,

Patna High Court Cr.Misc. No.8169 of 2016 (2) dt.26-02-2016 2/3 petitioner provided her intoxicated cold drink and after that she was taken away by the petitioner at different places including the civil court where petitioner met with an advocate and her signature as well as photographs were taken. Subsequently, she was taken before a Moulvi who did some religious work but when petitioner got information regarding institution of the present case, he dropped her near the police station.

One thing is very striking in the statement of victim that while leaving her home she had taken away her all educational certificates and documents because she has admitted in her statement that her original educational certificates were taken away by the petitioner and his associates. Contention on behalf of the petitioner is that the victim was major at the time of alleged occurrence and as a matter of fact, she eloped with the petitioner by her own sweet will and solemnized her marriage with the petitioner according to Muslim rituals but when she came in the clutches of her family members, she was tutored and subsequently, she made statement before the court under Section 164 of the Cr.P.C.

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

Patna High Court Cr.Misc. No.8169 of 2016 (2) dt.26-02-2016 3/3 two sureties of the like amount each to the satisfaction of Sri Navin Kumar Srivastava, Judicial Magistrate 1st Class, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 118 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T