Rahmat Shaikh @ Md. Rahmat Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50622 of 2014 Arising Out of PS.Case No. -36 Year- 2014 Thana -BELA District- SITAMARHI ====================================================== Rahmat Shaikh @ Md. Rahmat Ali, S/o Israjul Shaikh Resident of Village Bhawanipur, P.S. Parihar, District - Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Bela P.S. Case No. 36 of 2014 registered under Sections 363, 366, 372, 120B and 34 of the Indian Penal Code. The accusation is of kidnapping of Sarita Kumari aged about 22 years, niece of the informant Raj Banshi Devi, by the petitioner with intention to marry with her. Learned counsel appearing on behalf of the petitioner submits that there was love affair in between the petitioner and Sarita Kumari, who is major and both moved together and performed the marriage but victim Sarita Kumari due to family pressure supported the case of the informant about kidnapping, as she stated in her statement before the Police but at
Patna High Court Cr.Misc. No.50622 of 2014 (3) dt.24-06-2015 2/2 the time of disposal of the bail application of the petitioner vide A.B.P. No. 1662 of 2014 in the Court of Sessions Judge, Sitamarhi, she appeared and fairly stated that she has performed the marriage herself with the petitioner, which would appear from the order dated 17.11.2014, whereby the prayer of the petitioner for bail was rejected.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four 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 C.J.M., Sitamarhi, District - Sitamarhi in connection with Bela P.S. Case No. 36 of 2014, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J.) Shail/- U T