Md. Nausad Rain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8587 of 2024 Arising Out of PS. Case No.-57 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== Md. Nausad Rain Son Of Ajim Rain @ Azim Rain Resident Of VillageMarpa Kachor Ps- Kanhauli, Distt- Sitamarhi At Present At VillageTalkhapur, Ps- Dumara, Distt- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar, Advocate For the Opposite Party/s :
Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Dumra P.S. Case No. 57/2022 lodged on 09.02.2022 under Sections 363, 366A of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against two named accused persons and one user of a mobile number with an allegation of kidnapping the minor daughter of the informant with an ulterior motive.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather his name has figured in the course of the investigation. Moreover, on recovery of the victim girl her statement under Section 164 Cr. P.C. has been recorded wherein she has disclosed that she has not been
Patna High Court CR. MISC. No.8587 of 2024(3) dt.09-04-2024 2/2 kidnapped rather she went with her own sweet will. The victim further stated that she has performed marriage with the petitioner with her own sweet will and she wants to go with her mother-in-law. The medical report of the victim is also attached which suggests that the victim has refused for medical examination. The petitioner is in custody since 28.09.2023 having no criminal antecedent.
5. Learned counsel for the State opposes the prayer for bail but submits that in 164 Cr. P.C. statement the victim has not made an allegation against anyone.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 6th cum Special Judge (POCSO Act) Sitamarhi, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Ashwini/- U T