IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20603 of 2022

Arising Out of PS. Case No.-237 Year-2020 Thana- DAGARUA District- Purnia

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MD EHSAN S/o Md. Haphiz Resident of Village- Lokani Dagarua, P.S.-

Dagarua, District- Purnia.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. N.K.Agrawal, Sr.Adv.

Mr.Dr. Bidhu Ranjan

For the Opposite Party/s :

Mr.Uday Pratap Singh

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

5

24-11-2022

Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case

registered for the offence under Section 366(A) of the Indian

Penal Code.

As per F.I.R., this petitioner is alleged to have

kidnapped the victim girl for the purpose of marriage.

It is submitted on behalf of petitioner that petitioner is

not named in the F.I.R. Name of the petitioner transpired in the

statement of victim recorded under Section 164 Cr.P.C. There is

contradiction in the statements of the victim recorded under

Section 161 Cr.P.C. and Section 164 Cr.P.C. In the statement

recorded under Section 161 Cr.P.C.,the victim stated that she out

of her own sweet will went to the work place of Md. Naim at

Patna High Court CR. MISC. No.20603 of 2022(5) dt.24-11-2022

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Muradabad and in the statement recorded under Section 164

Cr.P.C., she has stated that she was forcibly taken by this

petitioner on a motorcycle and brought her to Md. Naim. She

disclosed her age as 19 years, whereas the court has assessed her

age as 18 years. In the medical report, doctor has not found any

sign of sexual assault. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for

anticipatory bail.

Considering the fact that there is no allegation of

sexual assault against this petitioner and the fact that victim is

major in the event of arrest/surrender within a period of six

weeks from today, let the above named petitioner 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

learned Sessions Judge, Purnea / concerned court in connection

with Dagarua P.S. Case No. 237 of 2020, subject to condition as

laid down under Section 438(2) of the Code of Criminal

Procedure.

anay/-

(Prabhat Kumar Singh, J)

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