Md. Rustam @ Md. Rostam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49263 of 2017 Arising Out of PS. Case No.-56 Year-2017 Thana- BELSAND District- Sitamarhi ====================================================== Md. Rustam @ Md. Rostam, Son of Md. Mustaqueem, Resident of VillageKansar, P.S.-Belsand, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashhar Mustafa For the Opposite Party/s :

Mr. SRI KANHAIYA KISHORE ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Belsand P. S. Case No. 56 of 2017 registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.

Allegedly, the petitioners and others kidnapped 17 years old niece of the informant. During investigation the victim girl has been recovered and her statement has been recorded under Section 164 Cr.P.C. wherein she has stated her age to be 18 years and learned Magistrate has assessed her to be 19 years and she has not supported the allegation of kidnapping rather she stated that she has got love affairs with the petitioner and

Patna High Court Cr.Misc. No.49263 of 2017(2) dt.17-10-2017 2/2 she wants to marry with him and she went with him out of her own sweet will to Sonbarsa where she lived for 27 days and the petitioner used to sleep with her.

Submission is of false implication and that as per the statement of the victim girl no offence as alleged is made out, the victim girl is major one and she went out of her own sweet will and as such the petitioner deserves sympathetic consideration.

Learned APP submits that the victim girl in her statement has not supported the allegation.

In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Belsand P. S. Case No. 56 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

avin/- (Jitendra Mohan Sharma, J) U T