Sheikh Akhtar @ Sk. Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21198 of 2021 Arising Out of PS. Case No.-94 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== SHEIKH AKHTAR @ SK. AKHTAR Son of Late Sheikh Abid @ Abid Hussain Resident of Village - Jogia, P.S. Ram Nagar, District - West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Aslam Ansari For the Opposite Party/s :

Mr.A.PP For the Informant Mr. Kirti Ranjan, Ms. Surbhi Bhusan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sikarpur P.S. Case no. 94 of 2019 instituted for the offence under Sections 366(A)/34 of the Indian Penal Code. Prosecution case relates to abduction of minor granddaughter, namely, Farida Khatoon, aged about 14 years, of the informant by the son of the petitioner with an intention to marry her.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.21198 of 2021(2) dt.21-12-2021 2/2 offence. After recovery of the victim girl, her statement was got recorded under Section 164 Cr.P.C. wherein she has stated that out of her own sweet will she has eloped with Habibul Rahman for performing marriage. She has also asserted there that she want to live with Habibul Rahman, who is the son of the petitioner.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sikarpur P.S. Case no. 94 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, West Champaran at Bettiah subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U