Md. Nadir Alam @ Sindbad @ Sindhwaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15152 of 2016 Arising Out of PS.Case No. -213 Year- 2015 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Md. Nadir Alam @ Sindbad @ Sindhwaj S/o - Md. Iqbal Alam, Resident of Village - Bhauradah, P.S. - Bahadurganj, District - Kishanganj. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Diwakar Sinha, Advocate.
For the Opposite Party : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-05-2016 Heard both sides.
The petitioner apprehends his arrest in Bahadurganj P.S. Case No. 213 of 2015 registered for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code. The informant alleged that his niece was kidnapped by Mansoor Alam and Md. Nadir Alam @ Sindbad @ Sindhwaj, the petitioner for the purpose of marriage.
It is submitted that the informant has very categorically stated that the victim was kidnapped for the purpose of marriage. The victim was recovered and after three days of the occurrence marriage was also solemnized. Nikahnama is annexed as Annexure-2.
From perusal of the statement of the victim recorded
Patna High Court Cr.Misc. No.15152 of 2016 (3) dt.10-05-2016 2/2 under Section 164 of the Cr.P.C. the victim disclosed her age to be 14 years and the court also assessed her age to be of 14 years. The victim made very specific allegation that the petitioner and coaccused have kidnapped her and committed rape with her. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail in Bahadurganj P.S. Case No. 213 of 2015, pending in the court of the learned Chief Judicial Magistrate, Kishanganj. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) KKSINHA/- U T