Md. Bilal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9859 of 2015 Arising Out of PS.Case No. -185 Year- 2014 Thana -BAUSI District- PURNIA ====================================================== Md. Bilal S/o Md. Yasin resident of Village - Naya Tola, Fulbasha, P.S. - Baisi, District - Purnea.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Diwakar Prasad Karn, Advocate.

For the Opposite Party : Mr. Kr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-05-2015 Heard both sides.

The petitioner seeks bail in Baisi P.S. Case No. 185 of 2014, registered for the offences punishable under Sections 363, 372, 420 and 120(B) of the Indian Penal Code. The father of the victim made allegation of kidnapping of his minor daughter. The victim was recovered and the victim named this petitioner along with other accused persons that, they all forcibly kidnapped her and took her to Bengal, Jharbdi situated in Uttar Dinajpur, West Bengal from where the victim was recovered. The victim made her statement under Section 164 of the Cr.P.C. and she disclosed that the petitioner and other accused persons forcibly got her married with Md. Saddam and Md. Saddam also committed rape with her. The doctor also assessed

Patna High Court Cr.Misc. No.9859 of 2015 (4) dt.07-05-2015 2/2 the age of the victim between 14 to 16 years. The victim is a minor girl. The case of the petitioner stands on different footing as that of Md. Ibrahim as the victim did not name Md. Ibrahim in her statement under Section 164 of the Cr.P.C.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T