Patna High CourtCR. MISC./22617/2016rejected

Ricky @ Sahil Siddiqui v. The State Of Bihar

2016-07-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22617 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Ricky @ Sahil Siddiqui, son of Saheb Hussain, resident of Village- Sareya Ward No. 1, P.S. Gopalganj, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party : Mr. Dr.Kr.Uday Pratap(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Gopalganj (Town) P.S Case No. 10 of 2016 registered for the offences punishable under Sections 363/366(A)/34 of the Indian Penal Code.

Allegedly, Khushbu Kumari, aged about 15 years, the daughter of the informant was kidnapped and in the First Information Report the petitioner is not named. During investigation, the victim girl was recovered and she in her statement recorded before the Police has stated the name of the petitioner also regarding his hand in the kidnapping and in the statement recorded under section 164 of Cr.P.C., she has further

Patna High Court Cr.Misc. No.22617 of 2016 (3) dt.12-07-2016 2/2 alleged that the petitioner also committed rape with her at Aligarh in a room.

Submission is of false implication and that the statement of the victim girl is contradictory, the Doctor has found her age between 17-18 and she has gone with her own consent, without any fault, the petitioner is suffering in custody since 19.02.2016 and as such he deserves sympathetic consideration. Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner in the statement of the victim girl recorded under section 164 of Cr.P.C., I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J.) Rajiv/- U T