Phul Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 50970 of 2022 Arising Out of PS. Case No.-551 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== PHUL MOHAMMAD S/O GHOLHA MANSURI @ ABDULA MANSURI Resident of village- Sijauliya, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Adv.

Mr. Ravi Prakash For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 363, 365, 366(A) of the Indian Penal Code and sections 3(i)(1)(r)(s) of the SC/ST Act.

As per allegation in the FIR, petitioner in connivance with his family members kidnapped the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. In the statement recorded u/s 164 Cr.P.C. victim girl has clearly stated that she has solemnized marriage with the petitioner out of her

Patna High Court CR. MISC. No. 50970 of 2022(3) dt.14-02-2023 2/2 own sweet will. Presently she is residing with her matrimonial family at her sasural and has also given birth to a male child with the said wedlock. Learned court below has assessed her age as 19 years. Petitioner is languishing in judicial custody since 27.04.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge VII-cum-Special Judge, (POCSO Court), Madhubani in connection with Phulparas P.S. Case No. 551 of 2020.

(Sunil Kumar Panwar, J) sushma/- U