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Patna High Court - Orders

Md. Mojjam @ Md. Ajjam vs The State Of Bihar on 19 April, 2016

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.16806 of 2016
                     Arising Out of PS.Case No. -85 Year- 2015 Thana -NAWAKOTHI District- BEGUSARAI
                 ======================================================
                 Md. Mojjam @ Md. Ajjam, S/o Md. Isak Ansari, resident of village-
                 Laruara, Hasanpour Bazar, P.S.- Naokothi, District- Begusarai
                                                                         .... .... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Nakul Kumar Jamuar, Advocate
                 For the Opposite Party/s   : Mr. M.K.Nirala(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
                 SINGH
                 ORAL ORDER

2   19-04-2016

Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 366A/34 of the Indian Penal Code.

Accusation is of kidnapping the minor sister of the informant.

It is submitted by the learned counsel for the petitioner that in 164 Cr.P.C. statement the victim got her age recorded 19 years, the Court assessed her aged 18 years. She stated that she of her own went with the petitioner and she married with him on 25.07.2015. The victim stated that she was never been kidnapped.

It is submitted by the learned counsel for the informant that petitioner is 55 years of age whereas the victim as per the Matriculation Certification is minor. Patna High Court Cr.Misc. No.16806 of 2016 (2) dt.19-04-2016 2

Considering the 164 Cr.P.C. statement of the victim, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Naokothi P.S. Case No. 85 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./-

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