Patna High CourtCR. REV./18/2016allowed

Md. Imamuddin @ Imamnuddin v. The State Of Bihar

2016-05-12Justice Smt. Anjana Prakash2 pages

Patna High Court CR. REV. No.18 of 2016 dt.12-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.18 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- MUZAFFARPUR ===========================================================

1. Md. Imamuddin @ Imamnuddin Son of Md. Iliyas, through his mother and natural guardian Mahjeeda Khatoon, Resident of Village -Jaya, P.S. - Gaighat, District -Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 12-05-2016 The petitioner seeks quashing of the order dated 26.09.2015 passed by the Sessions Judge, Muzaffarpur in Cr. Appeal No. 84 of 2015 by which he has refused the prayer for bail of the petitioner as also the order dated 24.08.2015 passed by the Principal Judicial Magistrate, Juvenile Justice Board, Muzaffarpur by which he has also refused the prayer for bail of the petitioner in Gaighat P.S. Case No. 98 of 2015.

It has been submitted that the victim girl has stated in her statement under Section 164 Cr.P.C that she had not been kidnapped and went to live with Md. Jahid Alam on her own sweet will. Considering the above evidently the prosecution against the accused will be gross abuse of the process of the Court. Hence the application is allowed and the proceedings including the order dated 26.09.2015 passed by the Sessions Judge, Muzaffarpur in Cr. Appeal

Patna High Court CR. REV. No.18 of 2016 dt.12-05-2016 No. 84 of 2015 by which he has refused the prayer for bail of the petitioner as also the order dated 24.08.2015 passed by the Principal Judicial Magistrate, Juvenile Justice Board, Muzaffarpur by which he has also refused the prayer for bail of the petitioner in Gaighat P.S. Case No. 98 of 2015, are hereby set aside.

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