Patna High CourtCR. MISC./57933/2015disposed

Guddu Mian v. The State Of Bihar

2016-01-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57933 of 2015 Arising Out of PS.Case No. -144 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Guddu Mian Son of Hakim Mian Resident of Village -Rulahi, P.s Majhaulia, District West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-01-2016 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 365, 366A/34 of the Indian Penal Code and 8 of the Protection of Children From Sexual Offences Act, 2012.

Accusation is of kidnapping the 10 years old daughter of the informant. In 164 Cr.P.C. statement the victim got her age recorded 12 years, the Court also assessed her aged 12 years. She has also stated that she had been abducted by Shah Alam, Rahim Miyan, Quayem Miyan and this petitioner but subsequently she was released.

It is submitted by the learned counsel for the petitioner that for the occurrence of 04.04.2015 the First

Patna High Court Cr.Misc. No.57933 of 2015 (2) dt.04-01-2016 Information Report was registered on 09.04.2015, when the victim has not alleged any misbehaviour by the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Majhaulia P.S. Case No. 144 of 2015, pending in the court of learned Ist Additional Sessions Judgecum-Special Judge, Special Court under POCSO Act, West Champaran at Bettiah.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T