Md. Noor Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57794 of 2024 Arising Out of PS. Case No.-160 Year-2022 Thana- ABADPUR District- Katihar ====================================================== Md. Noor Salam Son of Kadir @ Dura Resident of Village - Dhatta Dhumtola, Police Station - Abadpur, District - Katihar ... ... Petitioner

Versus

1.

The State of Bihar 2.

Shaheena Khatoon Wife of Md. Danish Resident of Village - Pokhariya Sankola, Police Station - Abadpur, District - Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 363, 366A/34 of the Indian Penal Code and section 4 of the POCSO Act.

3. As per the prosecution case, petitioner kidnapped the victim for the purpose of marriage.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Victim in her 164 Cr.P.C. statement has not supported the prosecution case. She has stated that she had gone to Jaipur with petitioner on her own free will and lived there with him. Her age has been stated to be 18 years. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.57794 of 2024(6) dt.02-04-2025 2/2

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, 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 Additional Sessions Judge VII cum Special Judge, POCSO Act, Katihar in Abadpur Police Station Case No. 160 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T