High Court Patna High Court - Orders

Md. Sikander Sheikh vs The State Of Bihar on 14 November, 2011

Patna High Court – Orders
Md. Sikander Sheikh vs The State Of Bihar on 14 November, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Criminal Miscellaneous No.35945 of 2011
                                     Md. Sikander Sheikh
                                             Versus
                                     The State Of Bihar
                                      -----------

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)