Barka Ali v. The State Of Bihar

Patna High Court Cr.Misc. No.21575 of 2017 (2) dt.17-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21575 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -JIRADEI District- SIWAN ======================================================

1. Barka Ali son of Baharan Mian resident of Jamapur, P.S. - Ziradei Town District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam, Adv. For the Opposite Party/s : Mr. Sri Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 21.07.2016 in connection with Ziradei P.S. Case No. 01 of 2017 registered under Sections 366(A) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the victim in her statement under Section 164 Cr.P.C. has stated that she voluntarily went to Bangalore with the petitioner and solemnized marriage with him with her sweet will, which is evident from annexure-2. No case under Section 366(A) of the Indian Penal Code is made out against the petitioner. The petitioner is rotting in custody for the last nine months. Considering the facts and circumstances of the case, let

Patna High Court Cr.Misc. No.21575 of 2017 (2) dt.17-05-2017 the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Ziradei P.S. Case No. 01 of 2017. (Arvind Srivastava, J.) brajesh/- U T