Awesh Khan @ Abeash Khan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56943 of 2015 Arising Out of PS.Case No. -294 Year- 2015 Thana -JOKIHAT District- ARRARIA ======================================================

1. Awesh Khan @ Abeash Khan S/o Sajjad Khan

2. Sametun Khanam W/o Sajjad Khan Both resident of Village Dhangawan P.S Mahalgaon (Jokihat) District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh, Adv. For the Opposite Party/s : Mr. Shailendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2015 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

The accusation is of abducting the minor daughter of informant.

It is submitted by learned counsel for the petitioner that in 164 Cr.P.C. statement the victim got her age recorded as 14 years when the court assessed her age as such where she stated that she was not being kidnapped and she went to her maternal aunt house and under some misconception, the present case has been lodged.

Considering the 164 Cr. P.C. statement of the victim,

Patna High Court Cr.Misc. No.56943 of 2015 (2) dt.17-12-2015 2/2 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria in connection with Jokihat (Mahalgoan) P.S. Case No. 294 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T