Sakib Jiya Ansari @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8690 of 2016 Arising Out of PS.Case No. -835 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Sakib Jiya Ansari @ Guddu S/o Saddique Ansari Resident of VillageKuchhila P.s Kuchhila District Rohtas at Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Harendra Prasad (App) For the Informant : Mr. Babu Nandan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-02-2016 Heard learned counsels for the petitioner, State and the informant.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366A, 380, 504 and 506/34 of the Indian Penal Code. The prosecution case is of abducting the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that in 164 Cr.P.C. statement the victim has got her age recorded as 15 years when the court has assessed as 17 years but as per the medical opinion her age has been assessed as 18 to 19 years. In 164 Cr.P.C. statement the victim has alleged that she

Patna High Court Cr.Misc. No.8690 of 2016 (2) dt.23-02-2016 2/2 was in love with the petitioner since last two years and she went to Delhi where she stated with him as wife, though, she has not married with the petitioner.

It is submitted by learned counsel for the informant that thrust of accusation is against this petitioner. Considering the fact that as per the medical opinion the victim was found major when the court has assessed her age as 17 years where she has not supported the accusation of abduction coupled with the statement made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (T) P.S. Case No. 835 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T