High Court Patna High Court - Orders

Md. Anwar Hussain vs The State Of Bihar on 7 April, 2011

Patna High Court – Orders
Md. Anwar Hussain vs The State Of Bihar on 7 April, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.6098 of 2011
                                 MD. ANWAR HUSSAIN
                                            Versus
                                 THE STATE OF BIHAR
                                          -----------

3. 07.04.2011. Heard the learned counsels for the

petitioner and the State.

The petitioner is apprehending his

arrest in connection with Azamnagar P.S.

Case No. 146 of 2010 registered under

Sections 363,366 and 120B of the Indian

Penal Code.

The accusation is against the

petitioner to have enticed away the minor

daughter of the informant. The victim has

got her age recorded in 164 Cr. P. C.

statement as 15 years. The learned court

below has assessed the age as 15 years.

It appears that the victim went in

the company of the petitioner of her own on

promise of the marriage. The victim’s

statement creates an impression that she was

not being taken forcibly but since she was

minor at the relevant time, this Court is

not inclined to interfere on that ground

alone but the statement of the victim can be

a good ground for grant of regular bail.
2

Let the learned court below consider

the regular bail application of the

petitioner and try to dispose off the same

preferably on the same day if possible,

considering the aforesaid submissions made

by the learned counsel for the petitioner if

the petitioner surrenders and prays for

regular bail within a period of four weeks

from today.

With this observation, this

application is disposed off.

U. K.                                    ( Dinesh Kumar Singh, J)