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Patna High CourtCR. APP (SJ)/4348/2018allowed

Aman Patel v. The State Of Bihar

2019-01-22Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4348 of 2018 Arising Out of PS. Case No.-177 Year-2018 Thana- SHEOHAR District- Sheohar ====================================================== Aman Patel Son of Late Bhupendra Patel, Resident of Mohalla-Sheohar, Ward No. 04, P.S. Sheohar, District-Sheohar.

... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ashhar Mustafa For the Respondent/s :

Mr. Shyed Ashfaque Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-01-2019 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor.

An allegation has been attributed against the appellant to have kidnapped the daughter of the informant, a minor aged about 15 years and during course thereof, others also abetted in order to facilitate the occurrence. It is further evident from the record that neither a case has been instituted under POCSO Act nor charge-sheet has been submitted therewith. It is further evident that the case of the appellant has been referred to Children Court. In the aforesaid background, when the statement of the victim recorded under Section 164 Cr.P.C. (Annexure-4) has been gone through, there happens to be specific disclosure at her end that she volunteered on her own to join company of the appellant and with whom, she moved

Patna High Court CR. APP (SJ) No.4348 of 2018(4) dt.22-01-2019 2/2 different places, lastly to Delhi where they were apprehended. That being so, appellant, Aman Patel is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1-cumSpecial Judge, Children's Court, Sheohar in connection with Sheohar P. S. Case No.177 of 2018, with a condition that one of the bailors should be family member, who will swear an affidavit to the effect that the appellant will be under his control and will not indulge in any kind of criminal activity henceforth. Consequent thereupon, instant appeal is allowed. (Aditya Kumar Trivedi, J) vikash/- U T