Patna High Court - Orders
Md. Akram vs The State Of Bihar on 10 April, 2017
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10436 of 2017
Arising Out of PS.Case No. -184 Year- 2016 Thana -BATHNAHA District- SITAMARHI
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1. Md. Akram Son of late Md. Naim Sk., Resident of Village-Bhawanipur,
P.S.-Bathnaha, District-Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar
For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
3 10-04-2017Heard both sides.
The petitioner apprehends his arrest in Bathnaha P.S. case No.184 of 2016 under Section 376, 420, 365 of the Indian Penal Code and under Section 4, 6, 8, 10 of the POCSO Act.
The father of the victim alleged that petitioner kidnapped his minor daughter.
The learned counsel for the petitioner submits that the victim was examined by the doctor and the doctor found the age of victim between 19-21 years. It is further submitted that victim made her statement before the police and before the Magistrate but she denied to have been kidnapped by the petitioner.
The learned counsel for the informant as well as the Patna High Court Cr.Misc. No.10436 of 2017 (3) dt.10-04-2017 2/2 learned Additional Public Prosecutor opposed the prayer for anticipatory bail.
It appears that the victim has denied the allegation of her kidnapping and she stated that she voluntarily married with the petitioner because her parents wanted to marry her with an old man Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, 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 the learned Chief Judicial Magistrate, Sitamarhi in Bathnaha P.S. Case No. 184 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/-
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