Jahangir Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.15008 of 2015 (2) dt.12-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15008 of 2015 Arising Out of PS.Case No. -4 Year- 2015 Thana -KOTHI District- GAYA ======================================================

1. Jahangir Khan son of Chhotu Khan resident of village : Kothi, Police Station : Kothi, District : Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. M.K. Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 30.01.2015 in a case registered for the offences punishable under Sections 302,307,384,323,341,326 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is of kidnapping the daughter of the informant by Babu Khan. It is alleged that petitioner being father of Babu Khan and other family members assisted in the commission of kidnapping.

It is submitted by the learned counsel for the petitioner that in 164 Cr.P.C. statement the victim got her age recorded as 19 years when the Court assessed her age as 17 years though as per the medical opinion the age of the victim was assessed as 16-17

Patna High Court Cr.Misc. No.15008 of 2015 (2) dt.12-05-2015 years but the victim stated that she of her own married with Babu Khan and she of her own converted into Islam. Considering the 164 Cr.P.C. statement of the victim, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sherghatti in connection with Kothi P.S. Case No. 04 of 2015. (Dinesh Kumar Singh, J) Anil/- U T