Md. Suhail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46639 of 2017 Arising Out of PS.Case No. -270 Year- 2016 Thana -KHAJEKALLAN District- PATNA ======================================================

1. Md. Suhail Son of Fakhruddin Resident of village- Chualal Ki Gali, Police Station- Khajekalan, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2017 The petitioner seeks regular bail in connection with Khajekalan P.S. Case No. 270 of 2016, registered for offences punishable under Sections 363 and 366A of Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the informant and committing rape on her. It has been submitted on behalf of the petitioner that entire allegation is falsified by the statement of I.O. in para -13, in which he has stated that he has found the informant along with his daughter and accused and on enquiry, it was found that his daughter has gone somewhere and now she has come. It has further been submitted that age of the girl was assessed as seventeen years taking the factor of plus minus two years, she appears to be major and there was love affair between the parties

Patna High Court Cr.Misc. No.46639 of 2017 (3) dt.08-11-2017 2/2 and only due to pressure of the parents the girl has deposed against the petitioner in her statement under Section 164 Cr.P.C. Further submission is that in spite of giving written report, the same was kept for two days in police station and only on 19.10.2016, the case was lodged. Petitioner has been in judicial custody since 08.08.2017.

Learned counsel for the State opposed the prayer for bail and submitted that the girl in her statement recorded under Section 164 Cr.P.C. has stated about kidnapping and rape by the petitioner.

Having heard both sides, considering the fact and circumstances of the case and nature of allegation, at this stage, I am not inclined to release the petitioner on bail rather this application is disposed of with direction to the court below to release the petitioner on bail to his own satisfaction once charge is framed in this case with condition that he will cooperate in disposal of trial.

(Vinod Kumar Sinha, J) sunil/- U T