Imtaf Laheri v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.2571 of 2017 (2) dt.04-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2571 of 2017 Arising Out of PS.Case No. -82 Year- 2016 Thana -KANHAULI District- SITAMARHI ====================================================== Imtaf Laheri Son of Late Habib Laheri Resident of Village-Kanhauli, PS Kanhaauli Distt. Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Kanhauli P.S. Case No. 82 of 2016 registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code. On the basis of complaint petition this case has been lodged with allegation that the petitioner kidnapped the minor daughter of the informant.

Submission is of false implication and that the victim girl has been recovered and her statement has been recorded under Section 164 Cr.P.C. wherein she has stated that she is aged about 20 years and learned Magistrate has recorded her age as 18 years. She has denied about her kidnapping and stated that she went out of her own free will with the petitioner and love affair was going on. She has performed marriage with the petitioner and she wants

Patna High Court Cr.Misc. No.2571 of 2017 (2) dt.04-02-2017 to live with the petitioner.

Learned APP submits that in complaint petition the age of the victim is 15 years.

In the facts and circumstances stated above, considering the statement of the victim recorded under Section 164 Cr.P.C., the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri P. K. Lal, J. M. Sitamarhi, Sadar in connection with Kanhauli P.S. Case No. 82 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T