Md. Amzad v. The State Of Bihar

Patna High Court Cr.Misc. No.47999 of 2015 (2) dt.15-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47999 of 2015 Arising Out of PS.Case No. -109 Year- 2015 Thana -PARIHAR District- SITAMARHI ====================================================== Md. Amzad S/o Md. Moim, Resident of village- Demhua Chand tola, P.S.- Parihar, Dist.- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Sahin Begum (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-10-2015 Heard learned counsel Mr. Mahendra Thakur for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Parihar P.S. Case No. 109 of 2015 registered for offences punishable under Sections 363 and 366A of the Indian Penal Code.

The prosecution case as narrated by the informant is that on 15.06.2015 at 08.30 P.M when his daughter Gulanz Khatoon aged about 16 years went for call of nature, she did not return even till 9.00 P.M. Then he started searching his daughter and in course of search he came to know that Md. Amzad had been seen taking away his daughter on a Motorcycle. The informant further alleged that his daughter had taken away 180 grams gold ornament and Rs. 60,000/- cash from his house. He further alleged that his daughter has been kidnapped by Md. Amzad with the help of his other family members with intention to marry with her.

Patna High Court Cr.Misc. No.47999 of 2015 (2) dt.15-10-2015 The counsel for the petitioner submitted that he has clean antecedent which finds place at Para 3 of this petition and the victim girl who was alleged to be kidnapped has given her statement under Section 164 Cr.P.C which finds place at Annexure 2 of this petition stating that she went and married with the petitioner out of her own sweet will. She disclosed her age 19 years and the Magistrate has also noted her age to be 19 years. In such circumstances, let the petitioner, namely, Md. Amzad in the event of his arrest / surrender within a period of six weeks from today before the Court below, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sitamarhi in connection with Parihar P.S. Case No. 109 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Nilu Agrawal, J) Prakash/- U T