Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4716 of 2022 Arising Out of PS. Case No.-175 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== MD. SADDAM Son of Md. Rahman Resident of Village- Panchveer, P.S.- Sahebpur Kamal, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Fahimuddin For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Section 366(A) of the Indian Penal Code. As per the prosecution case, this petitioner kidnapped the minor daughter of the informant for the purpose of marriage. It is submitted on behalf of petitioner that there was love affairs between the victim girl and the petitioner and both of them left their home on their own will and as such, Section 366(A) of the Indian Penal Code is not applicable in this case. It is further submitted that doctor has not found any sign of recent sexual assault on the body of victim. Petitioner claims clean antecedent and he is in custody since 24.07.2021. Chargesheet has already been submitted.

Patna High Court CR. MISC. No.4716 of 2022(2) dt.01-04-2022 2/2 However, learned A.P.P. for the State opposed the bail petition and submitted that as per report of the medical board, the age of the victim has been found to be 15 years and the victim girl has supported the prosecution case in her statement recorded under Section 164 Cr.P.C.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J) anay/- U T