Patna High CourtCR. MISC./48955/2017bail granted

Md. Jakir Hussain v. The State Of Bihar

2017-10-17Mr. Justice S. Kumar2 pages

Patna High Court Cr.Misc. No.48955 of 2017 (2) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48955 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -ISHOPUR District- BHAGALPUR ====================================================== Md. Jakir Hussain .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Obaidur Rahman, Advocate For the Opposite Party/s : Mr. Sri Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks regular bail in connection with Ishipur Barahat Police Station Case No. 54 of 2017 registered for the offence punishable under Section 366A/34 of the Indian Penal Code.

The informant is the father of the victim girl, who alleged in the FIR that son of petitioner Md. Jubair kidnapped his minor girl who is 15 years old with intention to marry her. Learned counsel for the petitioner submits that the occurrence is of 29.06.2017, however, the FIR was lodged on 01.07.2017. The girl has returned and in her statement under Section 164 of Cr.P.C. she had stated that she had gone with the son of the petitioner on her own volition and sweet will, on the

Patna High Court Cr.Misc. No.48955 of 2017 (2) dt.17-10-2017 promise made by the son of the petitioner that he will marry with him. She has further stated that on 30.06.2017 she solemnized marriage with Md. Jubair in the Court and in Delhi she lived as husband and wife and returned with Md. Jubair on 09.07.2017 and thereafter Md. Jubair left away leaving her.

It has further been submitted that petitioner has no criminal antecedent and he is in custody since 07.07.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- VIII, Bhagalpur, in connection with Ishipur Barahat P.S. Case No. 54 of 2017. (S. Kumar, J) veena/- U