IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38201 of 2009 MD.NAUSHAD @ MUNA SON OF MD.ZIBRAIL RESIDENT OF VILLAGE SHAMBHUNAGAR,P.S.RUNNISAIDPUR,DISTT.SITAMARHI Versus STATE OF BIHAR For the petitioner : Mr.N.K.Agrawal,Sr.Advocate For the State : Mr.Addl.P.P. ----------- 03/ 24.11.2009 Heard learned counsel for the petitioner, learned Addl.P.P. and learned counsel appearing for the informant. The petitioner is one of the two named accused in a case which has been registered for offences under Section 366(A)34 of the Indian Penal Code. Besides petitioner, the another accused is his father. The allegation is that the two named accused persons have forcibly taken away the informant’s daughter Raushan Khatoon aged 16 years for the purpose of marriage. The victim has been recovered and she has given her statement under Section 164 of the Code of Criminal Procedure in which she has supported the prosecution case. The court has found her to be of 16 years of age. Learned counsel for the petitioner has pointed out that Sajda Khatoon, sister of the petitioner, has filed a case for offence under Section 498(A) of the Indian Penal Code against her husband Anwarul Haque and the informant of this case Jabrul Haque who happens to be the elder brother of husband of said Sajda Khatoon and they are facing trial for offence under Section 498(A) of the Indian Penal Code. The present case has been filed so that the petitioner may be pressurized to succumb. While opposing the prayer for bail of the petitioner, learned counsel appearing for the informant has submitted that the victim is a minor and she has described as to how she has been kidnapped. Considering the facts and circumstances and the background of the case, let the above named petitioner be released 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 Chief Judicial Magistrate, Sitamarhi in Sitarmarhi P.S.case No. 346 of 2009. Tahir/- ( Shyam Kishore Sharma, J.)