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Patna High CourtCR. MISC./58468/2019bail granted

Sartaj Alam @ Md. Sartaj Alam v. The State Of Bihar

2019-09-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58468 of 2019 Arising Out of PS. Case No.-292 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Sartaj Alam @ Md. Sartaj Alam, Son of Manjur Mian, Resident of VillageGulab Chowk, Patkhauli, Police Station-Bariya, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bettiah (Town) P.S. Case No. 292 of 2019, registered under Section 366(A) and 420(B) of the Indian Penal Code and later on, Section 8 of the POSCO Act has been added. The accusation is of kidnapping of Sahjadi Khatoon, minor daughter of informant, by Sartaj Alam @ Md. Sartaj Alam (petitioner) with the help of Manjur Mian, Jafar Alam and Arman Mian for the purpose to perform the marriage. Learned counsel for the petitioner submits that, in fact, daughter of the informant left the house of her maternal uncle according to her own sweet will and proceeded with the

Patna High Court CR. MISC. No.58468 of 2019(2) dt.18-09-2019 2/2 petitioner at Delhi, which would appear from the Annexure 2 to the petition. It is further submitted that while it alleged in the F.I.R. that daughter of the informant was aged about 13 years but in her medical examination, her age was assessed in between 17 to 19 years on 23.04.2019.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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, Bettiah, West Champaran, in connection with Bettiah (Town) P.S. Case No. 292 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T