Irfan Khan @ Chand Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49262 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- SATHI District- West Champaran ====================================================== 1.

IRFAN KHAN @ CHAND KHAN Son of Sir Saiyad Khan Resident of Village - Barwa Kala, P.S.- Sathi, District - West Champaran. 2.

Rustam Khan Son of Sir Saiyad Khan Resident of Village - Barwa Kala, P.S.- Sathi, District - West Champaran.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Sathi P.S. Case No. 33 of 2019 registered for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code.

Allegation against the petitioners is of kidnapping of minor daughter of the informant.

Learned counsel for the petitioners has drawn my attention towards Annexure-2, the statement of the victim girl recorded under Section 164 Cr.P.C. and submitted that her statement shows that she had gone on her own sweet will and she has performed Nikha with petitioner No.1 and she wanted to reside with him. Further he has drawn my attention towards

Patna High Court CR. MISC. No.49262 of 2019(2) dt.07-08-2019 2/2 Annexure-3 and submitted that the age of the girl has been assessed at 19-20 years by the Medical Board. Heard learned APP also.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Sathi P.S. Case No. 33 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T