IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35945 of 2011
Md. Sikander Sheikh
Versus
The State Of Bihar
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02/ 14.11.2011 Heard learned counsel for the petitioner as well as learned
Addl. Public Prosecutor for the State.
Petitioner is in jail custody since 3.6.2011 in a case
registered under sections 365 and 366A/34 of the IPC.
According to the written report of the informant, victim was
aged about 19 years whereas the learned Magistrate has assessed her
age as 14 years. Moreover, it would appear from perusal of the
statement recorded under section 164 Cr.P.C that she voluntarily left
her home and while she was going to Katihar by train, petitioner met
her and after that she was taken to Delhi from where she was taken to
Bombay and after that she along with the petitioner were apprehended
by Bombay police.
Learned counsel for the petitioner submits that the petitioner
did not kidnap victim rather she herself accompanied the petitioner
and moreover, she never raised alarm while she was taken to Bombay
from Delhi and, as a matter of fact, she was not satisfied with her
married life and she developed sweet relationship with the petitioner
in course of travelling and thereafter she was residing with the
petitioner at her own sweet will.
Considering the aforesaid facts and circumstances as well
as submissions of the parties, let the petitioner, Md Sikander Sheikh,
be released on bail on furnishing bail bonds of Rs 10,000/- with two
2
sureties of the like amount each to the satisfaction of the Chief
Judicial Magistrate, Samastipur in Patory P.S. Case no. 57/2011.
shahid (Hemant Kumar Srivastava,J)