Patna High CourtCR. MISC./32104/2014bail granted

Md. Kari Irfan v. The State Of Bihar

2015-01-21Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32104 of 2014 Arising Out of PS.Case No. -212 Year- 2013 Thana -GOGRI District- KHAGARIA ====================================================== Md. Kari Irfan, son of Md. Teshim Uddin resident of village - Sukhey, Bose, P.S. Beldor, Distt. - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bam Bahadur Jha For the Opposite Party/s : Mr. Renuka Ratmalar (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Gogri P.S. Case No. 212 of 2013 registered under Sections 366(A) and 506/34 of the I.P.C.

Accusation against the petitioner is about kidnapping of victim Jinat Khatoon, daughter of the informant aged about 15 years.

Learned counsel appearing on behalf of the petitioner submits that the statement of the victim Jinat Khatoon, daughter of the informant was recorded under Section 164 of the Cr. P.C. in the Court below on 05.10.2013, in which she has stated to perform the marriage with this petitioner according to her sweet will

Patna High Court Cr.Misc. No.32104 of 2014 (2) dt.21-01-2015 2/2 without making any complaint against the petitioner and her age has also been assessed by the Doctor in between 17 to 18 years, which has been disclosed in the impugned order dated 11.02.2014 whereby the prayer of bail of the petitioner was rejected by the Sessions Judge, Khagaria.

Having considered the facts and circumstances of the case, in the event of arrest or surrender before the Court below within four weeks from the date of receipt/production of the copy of this order, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Khagaria in connection with Gogri P.S. Case No. 212 of 2013, subject to the conditions as laid down under Section 438(2) of Cr. P.C.

(Rajendra Kumar Mishra, J.) Shail/- U