Md. Raphikul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27241 of 2021 Arising Out of PS. Case No.-175 Year-2020 Thana- MANSI District- Khagaria ====================================================== 1.

Md. Raphikul Son of Late Noor Mohammad Resident of Village - Musalmanpada, P.O.- Gerampur, P.S.- Tomar hat, District - Dhubri, State - Assam 2.

Sher Alim Son of Domser Ali Resident of Village - Gohalgaon, P.O.- Geramari, P.S.- Goripur, District - Dhubri, State - Assam ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Surendra Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners seek bail in Mansi P.S. Case No. 175 of 2020, registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code and section 8/10 of the POCSO Act.

As per the prosecution case, this petitioner along with other accused persons kidnapped the daughter of informant for immoral purpose.

It is submitted on behalf of the petitioners that thrust

Patna High Court CR. MISC. No.27241 of 2021(3) dt.21-09-2021 2/2 of allegation is against co-accused Mansur Alam and there is general and omnibus allegation against petitioners and they have been made accused in this case only on suspicion. Petitioners are in custody since 21.06.2020 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific allegation of kidnapping of the daughter of informant against the petitioners and the girl is still traceless.

Considering the nature of allegation and the fact that girl is still traceless, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T