Md. Ahmad Raja @ Ahmad Raja @ Jam Jam Shivani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55038 of 2019 Arising Out of PS. Case No.-308 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== MD. AHMAD RAJA @ AHMAD RAJA @ JAM JAM SHIVANI Son of Md. Habibur Rahman Resident of Village - Chhatauni, P.S.- Basopatti, DistrictMadhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-09-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Jaynagar Police Station Case No. 308 of 2019, disclosing offences under Section 366-A of the Indian Penal Code. The allegation against the petitioner, as per the First Information Report, is that the petitioner abducted the minor daughter of the informant for the purpose of marriage. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case inasmuch as the petitioner and the victim girl were having love affairs and further the statement of the victim girl has been recorded under Section 164 of the Code of Criminal Procedure,

Patna High Court CR. MISC. No.55038 of 2019(2) dt.02-09-2019 2/3 in which she has disclosed her age as 19 years and has also stated that she has solemnized marriage with the petitioner on her own free will.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner and the victim girl have already married, as would be evident from the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, 1973, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 Sub Divisional Judicial Magistrate, Madhubani, in connection with Jaynagar Police Station Case No. 308 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail

Patna High Court CR. MISC. No.55038 of 2019(2) dt.02-09-2019 3/3 bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √