Md. Saddam @ Saddam @ Abu Shama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32639 of 2019 Arising Out of PS. Case No.-477 Year-2018 Thana- TRIVENIGANJ District- Supaul ====================================================== Md. Saddam @ Saddam @ Abu Shama Son of Md. Mustaque @ Mustak Ahamad Resident of Village- Fatepur, P.S.- Narpatganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Sections 363 and 366(A)/34 of the Indian Penal Code.

Petitioner is said to have kidnapped the minor sister of the informant with intent to perform marriage with her with the help of other accused persons.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in the case. The victim in her statement recorded under Section 164 Cr.P.C. has stated that she was in talking and visiting term with the petitioner and

Patna High Court CR. MISC. No.32639 of 2019(2) dt.16-05-2019 2/2 wanted to perform marriage with him but her parents were not ready for the same. So she suo motu left her house out of her sweet will to perform marriage with the petitioner Md. Saddam. There is no allegation of any sexual assault against the informant at the hand of the petitioner. On medical examination, the victim was found to be aged about 18-20 years as evident from the impugned order. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Supaul in connection with Triveniganj P.S. Case No. 477 of 2018, G.R. No. 2359 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T