Jalaluddin Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11529 of 2018 Arising Out of PS.Case No. -155 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. JALALUDDIN MIAN Son of Islam Mian, Resident of Village-Ajagari, P.S.-Banjariya, District-East Champaran .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2018 Heard both sides.
The petitioner apprehends his arrest in Turkauliya (Banjaria) P.S. Case No.155/2017, registered under Sections 363, 366A, 120B of the Indian Penal Code.
The informant alleged that during course of search, he came to know that petitioner and other accused persons kidnapped his minor daughter.
Learned counsel for the petitioner submits that the informant is not an eyewitness to the occurrence. The victim appeared and made her statement under Section 164 of the Cr.P.C. She disclosed her age to be 19 years and she further disclosed that she voluntarily went along with Jalaluddin Mian to Kashmir and solemnized marriage with him. She also wished to go along with
Patna High Court Cr.Misc. No.11529 of 2018 (2) dt.27-02-2018 2/2 Jalaluddin Mian.
Considering the fact that victim appears to be major and she denied the factum of her kidnapping, the petitioner above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged 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 C.J.M., Motihari, East Champaran, in connection with Turkauliya (Banjariya) P.S. Case No.155/2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Amit/- U T