Patna High CourtCR. MISC./21406/2021dismissed

Md. Saddam v. The State Of Bihar

2021-10-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21406 of 2021 Arising Out of PS. Case No.-351 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== MD. SADDAM, Son of Mohammad Allauddin, Resident of Village Jagatpur, P.S.- Janta Bazar, District Saran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Md. Anis Akhtar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in Barauni P.S. Case No.351 of 2020, registered for the offence punishable under Section 366(A) of the Indian Penal Code.

Allegation against the petitioner is that the petitioner kidnapped the daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is love affair between the victim girl and the petitioner. The victim girl went along with the petitioner as per her own free will, therefore, no case is made out under Section 366(A) of the Indian Penal Code. It is further submitted that the petitioner is in custody

Patna High Court CR. MISC. No.21406 of 2021(3) dt.25-10-2021 2/2 since 20.09.2020 and he has got no criminal antecedent as stated in paragraph 3 of the bail petition.

Learned counsel for the State opposed the prayer for bail of the petitioner and submits that the statement of the victim girl was recorded under Section 164 Cr.P.C. in which she has supported the prosecution case.

Having considered the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected. However, learned trial court is directed to expedite the trial of the petitioner.

(Anjani Kumar Sharan, J.) Sanjay/- U T