Md. Sultan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21990 of 2017 Arising Out of PS.Case No. -133 Year- 2016 Thana -AMDABAD District- KATIHAR ======================================================

1. Md. Sultan Son of Ataur Rahman, Resident of Village- Baijnathpur, P.S.- Amdabad, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimal Kumar, Adv. For the Opposite Party : Mr. Nagendra Prasad, APP 169 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 366 of the Indian Penal Code. The petitioner and Md. Qamrul are suspected to have abducted to the wife of the informant. The victimlady in her statement under Section 164 of the Criminal Procedure Code stated that she had voluntarily gone to Delhi along with her friend, Md. Qamrul, co-accused of this case. Subsequently, the petitioner and Mukhiya Nazbul also went to Delhi and at Delhi the petitioner and Md. Qamrul committed rape against her.

Submission of the petitioner is that the matter is of elopement and under pressure of the family members, the victim has given her statement. She is aged about 28

Patna High Court Cr.Misc. No.21990 of 2017 (2) dt.08-05-2017 2/2 years.

Considering the aforesaid fact, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Amdabad P.S. Case No. 133 of 2016 to the satisfaction of Sri B.K.

Choudhary, Judicial Magistrate, 1st Class, Katihar, or successor Court. (Birendra Kumar, J) SA/- U √ T √