Md. Barkat @ Barkat Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59082 of 2018 Arising Out of PS. Case No.-116 Year-2018 Thana- BARSOI District- Katihar ====================================================== Md. Barkat @ Barkat Alam s/o late Hasibul @ Havibur Rahman, r/v- Kota, P.S.-Barsoi, District - Katihar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Najeeb Ahmad, Adv.
For the Opposite Party/s :
Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner, counsel for the informant and learned A.P.P. for the State. The petitioner seeks regular bail in Barsoi P.S. Case No. 116/2018, instituted for the offences punishable under Sections 376, 379, 504, 506 and 34 of the Indian Penal Code. Counsel for the petitioner has submitted that Informant is a major lady. She has given her age in statement under Section 164 Cr.P.C. as 19 years. The court has assessed her age to be 18 years. She has stated in her statement under Section 164 Cr.P.C. that she was in love with this petitioner. He did not perform marriage with her.
Counsel for the informant has submitted that this petitioner has enticed the informant on the pretext of marriage.
Patna High Court Cr.Misc. No.59082 of 2018(3) dt.27-11-2018 2/2 The victim girl has been medically examined. The doctor has found her age between 16 to 17 years. The statement of the victim recorded under Section 164 Cr.P.C. is enclosed as Annexure-3, wherein the girl has clearly stated that she was in love with the petitioner for the last two years. Therefore, no force is applied against the informant.
Considering the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Ist, Katihar in connection with Barsoi P.S. Case No. 116/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) vinita/- U T