Abdus Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8928 of 2015 Arising Out of PS.Case No. -241 Year- 2014 Thana -JALALGARH District- PURNIA ====================================================== Abdus Salam Son of Late Atiqur Rahman Resident of village - Raharia, P.S. Jalalgarh, District - Purnia .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nadimul Hasan For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 366/34 of the Indian Penal Code.

The informant made allegation that his daughter Farhar Bano was not found inside the house and, on search, the informant came to know that Abdus Salam kidnapped his daughter for the purpose of marriage. It is also alleged that the victim was earlier married to Abdus Salam but his daughter took Khullanama from her husband.

It is submitted that the victim herself made statement under Section 164 Cr.P.C. and she disclosed that on 01.12.2014, the petitioner enticed her to Panipat and when she came along with the petitioner, she wanted to live with her husband. The victim did not make any complain. It is further submitted that the victim has

Patna High Court Cr.Misc. No.8928 of 2015 (2) dt.04-03-2015 2/2 already solemnized marriage with the petitioner. The victim is a major.

Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Purnia, in Jalalgarh P.S. Case No. 241/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T