Saheb Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39433 of 2017 Arising Out of PS.Case No. -365 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Saheb Khan, s/o late Altab Khan, r/v New Dilia, Ward No. 20, Nahar Par, P.S.-Dehri (Town), District-Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Deo Singh For the State : Mr. Satyendra Narayan Singh For the Informant : Mr. Rabindra Kumar Mr. S.K. Bhatnagar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2017 Heard both sides.

The petitioner seeks bail in Dehri (Town) P.S. Case No. 365/2017, registered for the offences punishable under Sections 363, 366(a) of the Indian Penal Code.

The case of the informant, in brief, is that his daughter Sneha Kumari @ Jyoti Kumari was at her friend's house on 21.05.2017. It has been further alleged that upon enquiry about the whereabouts of the girl, it transpired that the daughter of the informant has run away from the house of her friend and thereafter search was made, but the daughter of the informant could not be traced. Learned counsel for the petitioner as well as learned counsel for the informant have produced copy of the statement of the informant's daughter, recorded under Section 164 Cr.P.C., which is taken on record, and from the same it transpires that the daughter of the

Patna High Court Cr.Misc. No.39433 of 2017 (2) dt.19-08-2017 2/2 informant had on her own free will eloped with the petitioner and thereafter they are said to have been apprehended from the bus stand by the police.

It appears that the daughter of the informant and the petitioner were having love affairs and hence, they had decided to elope.

Learned counsel for the petitioner also submits that the petitioner has a clean antecedent. He is in custody since 31.05.2017. Having regard to the facts and circumstances of the case and also the fact that the daughter of the informant has not stated about any untoward incident in her statement recorded under Section 164 Cr.P.C. as well as has accepted the fact that she on her own free will had gone with the petitioner, I find that at the moment there is no reason to keep the petitioner in custody.

Accordingly, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Dehri, Rohtas in connection with Dehri (Town) P.S. Case No. 365/2017. (Mohit Kumar Shah, J.) Rakhi U T