Patna High CourtCR. MISC./77380/2018bail granted

Imteyaz Ahamad v. The State Of Bihar

2019-01-10Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77380 of 2018 Arising Out of PS. Case No.-469 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== Imteyaz Ahamad S/o Jamalludin Ahmad, R/o Vill.- Chauriya Tola, Ward No. 4, P.S.- Jagdishpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No.-7 For the Opposite Party/s :

Mr.Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Nautan (Jagdishpur) P.S.Case No. 469 of 2018 registered under Sections 363, 366-A, 34 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act. It is submitted by the learned counsel for the petitioner that the alleged victim was major girl and out of her own sweet-will she had gone with the petitioner and married him. He contended that the victim was examined under Section 164 of the Code of Criminal Procedure and in her statement she has categorically stated that the petitioner was not instrumental at all in abducting her. He further contended that considering the age of the victim the court below allowed her to go to any place

Patna High Court Cr.Misc. No.77380 of 2018(2) dt.10-01-2019 2/2 as per her own choice.

Considering the submissions made above as also the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, as contained in Annexure-2 to the present application, in the event of arrest or surrender before the court below, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Bettiah, West Champaran in connection with Nautan (Jagdishpur) P.S. Case No. 469 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T