Dildar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1589 of 2016 Arising Out of PS.Case No. -225 Year- 2015 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Dildar Hussain Son of Hasim Miyan Resident of Village - Harkhawli Pashim Mohalla Baluwa Per, P.S. - Mirganj, District - Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Abhay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under section 366/34 of the Indian Penal Code.

The prosecution case is that on 03.08.2015 co-accused Shabra Khatoon, mother of the petitioner, took the daughter of the informant and thereafter she is traceless. The victim in her statement under section 164 of the Cr. P.C has stated that the petitioner abducted her, made assault and snatched her jewellery. It is submitted by learned counsel for the petitioner that though the victim has named the petitioner in her statement under section 164 of the Cr. P. C. but medical examination does not suggest any sexual assault or any injury on the private party or any

Patna High Court Cr.Misc. No.1589 of 2016 (2) dt.13-01-2016 2/2 injury on any part of her body which substantially contradicts her statement under section 164 of the Cr. P.C.

Let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Mirganj P.S. case No. 225 of 2015 pending in the court of learned C.J.M., Gopalganj.

With the above observation, this application is disposed of.

(Dinesh Kumar Singh, J) BKS/- U T