Patna High CourtCR. MISC./5419/2024bail rejected

Tabrez Alam v. The State Of Bihar

2024-04-05Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5419 of 2024 Arising Out of PS. Case No.-547 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Tabrez Alam S/O BULLET MIAN VILLAGE- AMWA MAJHAR TOLA FULWARI, PS. MUFFASIL, DIST. WEST CHAMPARAN.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bettiah Muffasil P.S. Case No. 547 of 2023 registered for the offence under Sections 363 / 366(A) / 34 of the IPC.

3. As per the prosecution case, the allegation against the petitioner is that he alongwith other co-accused persons kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that petitioner is in custody since 30.08.2023.

5. However, learned APP for the State vehemently

Patna High Court CR. MISC. No.5419 of 2024(3) dt.05-04-2024 2/2 opposed the prayer for regular bail.

6. On perusal of FIR, case diary and impugned order dated 29.11.2023, it appears that on the basis of written report the informant registered FIR under Section 363, 366A / 34 of the IPC against 9 accused persons including the present petitioner Tabrez Alam. During investigation offence under Section 8 of the POCSO Act was added in the FIR. On the basis of case diary and impugned order, it appears that victim is a minor girl and her date of birth is 18.07.2006 and statement recorded under Section 161 of Cr.P.C. victim has clearly stated against the petitioner alleging the sexual assault without his consent. So, in these circumstances, I am not inclined to grant bail to the petitioner.

7. Accordingly prayer stands rejected.

(Ramesh Chand Malviya, J) saurabhkr/- U T