Md. Salahuddin @ Kallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9950 of 2020 Arising Out of PS. Case No.-42 Year-2019 Thana- PAUTHU District- Aurangabad ====================================================== MD. SALAHUDDIN @ KALLU Son of Late Abdul Rahman Resident of Village - Barahi, P.S.- Pouthu, Distt - Aurangabad (Bihar.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Verma For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Pouthu P.S. Case No.42 of 2019 registered under Section 366(A) of the Indian Penal Code.

The accusation is that the daughter of the informant, aged about 16 years, used to go for Stitching and Cutting Centre running by the petitioner. On 03.08.2019, the daughter of the informant went at the Centre but she did not return. In course of her search, the informant came to know that the petitioner, who is running the Centre, is also not at his house and he had gone to Kolkata. When the informant made made call to the petitioner, then the petitioner abused him.

Patna High Court CR. MISC. No.9950 of 2020(2) dt.29-02-2020 2/2 Learned counsel appearing on behalf of the petitioner submits that, in fact, due to love affair, the daughter of the informant moved with the petitioner. The statement of the daughter of the informant was recorded under Section 164 of the Code of Criminal Procedure, in which under the pressure of her parents, she stated that she was taken by the petitioner for Bengalru to provide the job but she was taken to Kolkata, where she was raped by the petitioner. In medical examination, the age of the daughter of the informant has been assessed between 18-19 years but in her statement recorded under Section 164 of the Code of Criminal Procedure, she disclosed her as 16 years. The petitioner is in custody since 08.08.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Pouthu P.S. Case No.42 of 2019. (Rajendra Kumar Mishra, J) P.S.