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Seraj Ansari @ Serajuddin Ansari vs The State Of Bihar on 8 August, 2014

Author: Akhilesh Chandra

Bench: Akhilesh Chandra

    Patna High Court Cr.Misc. No.19647 of 2014 (3) dt.08-08-2014




                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.19647 of 2014

                 Arising Out of PS.Case No. -202 Year- 2010 Thana -PIPRAKOTHI
                 District- EASTCHAMPARAN(MOTIHARI)
                 ======================================================
                 Seraj Ansari @ Serajuddin Ansari, son of Molazim Mian
                                                                       .... .... Petitioner/s
                                                  Versus
                 The State Of Bihar
                                                                  .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :   Mr. Vibhakar Kumar
                 For the Opposite Party/s    : Mr. S. Eheteshanuddin,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
                 ORAL ORDER

3       08-08-2014

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Supplementary affidavit has been filed on behalf of the petitioner enclosing copy of transfer certificate of the victim namely, Suganti Kumari, D/o - Nanhak Ram, resident of village Suryapur, Post - Jivdhara, issued on 30.07.2005 from Principal, Government Middle School, Piprakothi, East Champaran, showing her date of birth as 12th May 1990.

The petitioner, apprehends his arrest in connection with a case registered for the offence punishable under section 363(A) and 366/34 of the Indian Penal Code, is named accused in this case of 2010 with allegation of taking away minor daughter of the complainant informant with ulterior motive.

Submission is of false implication, in fact, she is major and left the house voluntarily and married with the Patna High Court Cr.Misc. No.19647 of 2014 (3) dt.08-08-2014 petitioner, out of the wedlock two children have born.

Having regard to the facts and circumstances of the case, in the event of petitioner appearing before the court below with the victim and her certified copy of which has been filed in this court and the victim on due identification supports factum of the marriage and both the petitioner and victim undertake to get their marriage registered in accordance with law within three months, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran, in connection with Pipra Kothi P.S. Case No. 202/2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

    Rajeev/-                                                    (Akhilesh Chandra, J.)

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