Khabirullah @ Khabigulla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17044 of 2020 Arising Out of PS. Case No.-588 Year-2019 Thana- DANAPUR District- Patna ====================================================== KHABIRULLAH @ KHABIGULLA Son of Amirullah Resident of Village - Hardiya, P.O. - Jeetpur (Mathia Brit), P.S.- Chhauradano, Distt - East Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Asif Kalim For the Opposite Party/ :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-03-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehends his arrest in connection with Danapur P.S. Case No. 588 of 2019, registered for the offences punishable under Sections 366 of the Indian Penal Code. As per written report of the informant, Ramkishore Singh, his daughter Arti Kumari was living along with her elder sister at Saguna More in Adarsh Colony. He has alleged that on 22.07.2019 at 3.30 p.m. she went to attend the coaching in Satyajeet Classes but she did not return. Her mobile phone was
Patna High Court CR. MISC. No.17044 of 2020(6) dt.02-03-2022 2/3 switched off. The informant has further stated that before 22.07.2019 unknown calls were made to her daughter from the SIM No. 6207069038 and 9006561673 and he expressed his firm belief that the unknown caller had kidnapped his 18 years old daughter.
Learned counsel for the petitioner has submitted that the name of the petitioner has not figured in the FIR. He has further submitted that the real fact is that the victim was in love and affair with the present petitioner and she went with the petiitoner with her own sweet will. When the case was lodged the victim under pressure of her father mentioned in her statement under Section 164 Cr.P.C. that she was kidnapped by this petitioner. The certified copy of the statement of victim under Section 164 of the Cr.P.C. has been annexed with the record. In her statement the victim has stated that when she was coming from coaching, one Khabirullah (the petitioner) called her from behind. He was her co-villager. He gave her his handkerchief to wipe the sweat and after wiping the sweat she felt intoxicated and he took her to Delhi without her will.
Learned counsel for the petitioner has submitted that there is nothing in the statement of victim girl under Section 164
Patna High Court CR. MISC. No.17044 of 2020(6) dt.02-03-2022 3/3 Cr.P.C. that she raised any kind of protest. He has further submitted that the petitioner was known to the victim before the alleged occurrence. As such, the statement under Section 164 of the Cr.P.C. appears to have been made due to pressure upon her. Considering the above-mentioned facts and circumstances as well as the fact that petitioner is a person of clean antecedent, let the petitioner, in the event of his arrest or surrender, be released on anticipatory bail within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I Danapur at Patna in connection with Danapur P.S. Case No. 588 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J) SONALI/- U T