Patna High CourtCR. MISC./10852/2017bail granted

Md. Juber v. The State Of Bihar

2017-04-25Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10852 of 2017 Arising Out of PS.Case No. -314 Year- 2016 Thana -KADWA District- KATIHAR ====================================================== Md. Juber S/o Sk. Aoul , R/o Sagunia, P.S.- Kadwa, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate. For the Opposite Party/s : Mr. Uday Chand Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-04-2017 Heard both sides.

The petitioner apprehends his arrest in Kadwa P. S. Case No. 314 of 2016 registered for the offences under Sections 366, 365 and 34 of the Indian Penal Code.

The informant alleged that his married daughter was kidnapped by the petitioner.

Learned counsel for the petitioner submits that the victim appeared and made her statement under Section 164 of the Code of Criminal Procedure and disclosed that while she was going to her naihar, the petitioner and his wife took her to Delhi. After sometime the brother of the petitioner informed about the institution of this case and she was sent along with his brother. From the statement of the victim, it appears that the victim went

Patna High Court Cr.Misc. No.10852 of 2017 (3) dt.25-04-2017 2/2 along with the petitioner out of her own free will. She did not make any allegation against the petitioner.

Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Chief Judicial Magistrate, Katihar in Kadwa P. S. Case No. 314 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Mishra/- U T