Noor Alam @ Md. Noor Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21084 of 2018 Arising Out of PS.Case No. -185 Year- 2017 Thana -AWADPUR District- KATIHAR ====================================================== NOOR ALAM @ MD. NOOR ALAM, Son of Sagir, Resident of Village & P.O. - Dasgram Police Station - Abadpur, District - Katihar. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366A, 323 and 504/34 of the Indian Penal Code.
Complaint based allegation would reveal that the petitioner allegedly kidnapped the minor daughter of the informant on 07.10.2017.
Submission of the learned counsel for the petitioner is that both had love affairs, hence, the petitioner married with the victim-girl and also transferred land in her name through registered sale deed dated 28.07.2017 of the supplementary affidavit wherein the victim is shown as wife of this petitioner, age of the victim disclosed as 20 years. Further
Patna High Court Cr.Misc. No.21084 of 2018 (5) dt.16-07-2018 2/3 submission is that the victim-girl in her statement under Section 164 Cr.P.C. stated that on 24.07.2017, the petitioner forcefully married with her, thereafter there was a Talak on 28.07.2017 before a Panchayat. Again the petitioner forcefully took her and was in physical relation with her.
Contention is that the statement of the victim would reveal that since marriage between the two was not liked by the parents, hence, the Panchayat ordered for Talak between the two. Petitioner was always willing to live with her. Learned counsel for the informant opposed the prayer for bail on the ground that since the victim was a minor, offence under the Protection of Children from Sexual Offenses Act, 2012 is applicable. The petitioner is a man of criminal antecedent. FIR was already lodged against him by some other person vide Annexure-B of the counter affidavit for offences under Sections 469, 500 and 509 of the Indian Penal Code. The petitioner was in contact with different girl which would be evident from the information gathered from the facebook of the petitioner at Annexure-A of the counter affidavit. Considering the entire facts aforesaid, especially, the custody of the petitioner since 20.11.2017 and completion of the investigation, in my view, the petitioner deserves bail,
Patna High Court Cr.Misc. No.21084 of 2018 (5) dt.16-07-2018 3/3 accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Abadpur Police Station Case No. 185 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below. (Birendra Kumar, J) Kundan/- U T