Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7317 of 2020 Arising Out of PS. Case No.-238 Year-2019 Thana- KHAGAUL District- Patna ====================================================== Md. Danish S/o Md. Fahim R/o Mohalla- Chik Toli Chhoti Khagawal, Rahmani Gali, P.S.- Khagawal, District- Patna ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-02-2020 Petitioner seeks regular bail in connection with Khagaual P.S. Case No. 238 of 2019 registered for the offence punishable under Sections 366(A) read with Section 34 of the Indian Penal Code.

Allegation as per F.I.R. is of kidnapping the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that the victim girl in her statement recorded under Section 164 Cr.P.C. which is Annexure-2 has stated that she had gone with the petitioner on her own sweet will. There is no other allegation against the petitioner either taking away the victim forcibly or establishing any physical relation with her. Petitioner is in custody since 01.12.2019.

Heard learned A.P.P. as well as learned counsel for the

Patna High Court CR. MISC. No.7317 of 2020(2) dt.25-02-2020 2/2 informant have opposed the prayer for bail on the ground that the petitioner is minor aged about 14 years.

Having heard both sides, in view of the facts and circumstances, I am not inclined to grant bail to the petitioner. However, petitioner would be at liberty to renew his prayer for bail once the charge has been framed.

(Vinod Kumar Sinha, J) mdrashid/- U T