Md. Javed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21510 of 2018 Arising Out of PS.Case No. -292 Year- 2017 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Javed son of Md. Mustuf resident of village - Islampur, P.S. - Raxaul, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Smt Sangeeta Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned A.P.P.

The petitioner seeks anticipatory bail in connection with Raxaul P.S.Case No. 292 of 2017, registered for offences punishable under Sections 366/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that the petitioner has not committed any such type of offence and the statement of the victim girl recorded under Section 164 of Cr. P.C. from which it would appear that the victim voluntarily tied herself in wedlock with the petitioner. It is also submitted that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.21510 of 2018 (3) dt.20-06-2018 2/2 Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Raxaul P.S. Case No. 292 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Motihari, East Champaran, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioner shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T