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Patna High CourtCR. MISC./36148/2017allowed

Chotu @ Shafi Alam @ Chhotu Mian v. The State Of Bihar

2017-11-08Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36148 of 2017 Arising Out of PS.Case No. -176 Year- 2016 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ====================================================== Chotu @ Shafi Alam @ Chhotu Mian, Son of Salauddin Mian, resident of Village Nandechak Marha, Police Station Dumariya, District Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Magadh Medical P.S. Case No. 176 of 2016 registered under Sections 363/366 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the victim, in her statement recorded under section 164 Cr. P.C., specifically stated that petitioner was living in her house as tenant and she has love affairs with him and the victim also wanted to marry with him. She, according to her sweet will, went to Delhi along with petitioner and solemnized Nikah. The Trial Court has also assessed her age 18 years, major. Having considered the facts and circumstances of the

Patna High Court Cr.Misc. No.36148 of 2017 (5) dt.08-11-2017 2/2 case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four 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 A.C.J.M.-IV, Gaya in connection with Magadh Medical P.S. Case No. 176 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T