Patna High CourtCR. MISC./49131/2017bail granted

Md. Ibran v. The State Of Bihar

2017-10-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49131 of 2017 Arising Out of PS.Case No. -325 Year- 2017 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Md. Ibran S/o Md. Mustaque, R/o Village- Chhatiya, P.S.- Muffasil, District- Purnea .... Petitioner

Versus

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

For the Petitioner : Mr. Viveka Nandsingh, Adv. For the Opposite Party : Mr. Dr. Kumar Uday Pratap, APP 238 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-10-2017 Heard both sides.

The petitioner apprehends his arrest in K. Nagar P.S. Case No. 325 of 2017 under Sections 363, 366A and other sections of the Indian Penal Code.

The informant alleged that the petitioner kidnapped his minor daughter.

The learned counsel for the petitioner submits that the informant is not an eye witness of the occurrence. The victim was recovered while she had gone to the Court premises along with her parents. The victim made her statement under Section 164 of the Criminal Procedure Code and she disclosed that on 20.06.2017 she solemnized nikah with Md. Ibran and remained with him till 23.06.2017. The victim did not allege that she was kidnapped. She disclosed that she went to the house of Md. Ibran. Considering the facts, aforesaid, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection

Patna High Court Cr.Misc. No.49131 of 2017 (2) dt.18-10-2017 2/2 with K. Nagar P.S. Case No. 325 of 2017 to the satisfaction of the Chief Judicial Magistrate, Purnea, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) SA/- U √ T √