Md. Nawab vs The State Of Bihar on 13 January, 2017

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Patna High Court - Orders

Md. Nawab vs The State Of Bihar on 13 January, 2017

Bench: Rajendra Kumar Mishra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.55738 of 2016
                       Arising Out of PS.Case No. -416 Year- 2016 Thana -PHULWARI District- PATNA
                 ======================================================
                 Md. Nawab, Son of Md. Guddu the resident of Village/Mohalla- Chunauti
                 Kuan, P.S. Phulwarisharif, Distt.- Patna.
                                                                       .... .... Petitioner
                                                    Versus
                 The State of Bihar.
                                                                  .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s          : Mr. Swapnil Kumar Singh
                 For the Opposite Party/s      : Mr. Rajendra Singh Shastriji
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                 ORAL ORDER

2   13-01-2017

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Phulwarisharif P.S. Case no. 416 of 2015, registered under Sections 363 and 366(A) of the Indian Penal Code.

The accusation is of kidnapping of minor daughter of the informant by this petitioner with intention to perform marriage.

Learned counsel for the petitioner submits that on 04.08.2016 the statement of the victim recorded under Section 164 Cr.P.C. in which she stated about moving from her house and went to Patna Railway Station with the petitioner from where she went to Punjab and performed Nikah with him on 01.08.2016. She further stated in her statement that she came in the Court to give her statement with her father-in-law and mother-in-law. Further submission is that victim has passed her Matriculation Examination in the year 2013 and Patna High Court Cr.Misc. No.55738 of 2016 (2) dt.13-01-2017 2/2 at present she is a student of B.A. Part-1.

Having regard to the facts and circumstances of the case, 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 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 Chief Judicial Magistrate, Patna in connection with Phulwarisharif P.S. Case No.416 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/-

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Patna High Court - Orders