Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44229 of 2015 Arising Out of PS.Case No. -149 Year- 2015 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Saddam Hussain son of Bhola Mian, Resident of Village- Parsauni, Raisi, P.S.- Sahebganj, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra Jha-3 For the Opposite Party/s : Mr. Md. Sufiyan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Admittedly, the victim has already returned and her statement was recorded under section 164 of the Cr.P.C. No doubt, victim stated about the involvement of the petitioner in the alleged kidnapping and also made allegation of rape against the petitioner but according to the statement of the victim, she alone returned to her home. Moreover, it is pointed out on behalf of the petitioner that petitioner was arrested from his house and has no concern with the victim.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly taking note of this fact that the victim was major but she did not raise alarm while she

Patna High Court Cr.Misc. No.44229 of 2015 (2) dt.23-09-2015 2/2 was being taken by the petitioner and his associates, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate (W), Muzaffarpur in connection with Sahebganj P.S.Case No. 149 of 2015.

(Hemant Kumar Srivastava, J) Namita/- U T