Patna High CourtCR. MISC./39221/2017bail granted

Md. Mubarak Hussain @ Md. Mobarak Hussain v. The State Of Bihar

2017-08-21Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39221 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -VIDYAPATINAGAR District- SAMASTIPUR ====================================================== Md. Mubarak Hussain @ Md. Mobarak Hussain, son of Md. Rahmat Hussain, resident of village- Babhangama, P.S.- Ghatho, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar Singh For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-08-2017 Heard learned counsels for the petitioner and the State.

The petitioner apprehends his arrest in connection with Vidyapati Nagar (Gataho) P. S. Case No. 33 of 2017 instituted under Sections 363 and 366A/34 of the Indian Penal Code.

The allegation, in brief, is that this petitioner enticed away the minor daughter of the informant.

Learned counsel for the petitioner submits that after lapse of ten days, this case was lodged in fact girl is major and both eloped together as they were in love relationship and she used to write love letter (Anenxure-3) and she herself stated in her statement recorded under Section 164 Cr.P.C. that she went to Orissa and Mumbai, but not made protest during that period, and

Patna High Court Cr.Misc. No.39221 of 2017 (2) dt.21-08-2017 2/2 she is 19 years of age as she has disclosed her age in her statement recorded under Section 164 Cr. P.C.

Having considered the aforesaid facts and circumstances, let the petitioner, namely, Md. Mubarak Hussain @ Md. Mobarak Hussain in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Vidyapati Nagar (Gataho) P.S.Case No. 33 of 2017; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U