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Patna High CourtCR. MISC./26867/2016dismissed

Saddam Idarishi @ Saddam Hussain v. The State Of Bihar

2016-07-13Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26867 of 2016 Arising Out of PS.Case No. -236 Year- 2015 Thana -NAWANGAR District- BUXAR ====================================================== Saddam Idarishi @ Saddam Hussain, Son of Jannat Idarishi, resident of Village Babhani Pahari, P.S. Karahagar, District Rohtas. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-07-2016 Heard Sri Hemendra Prasad Singh, learned Senior Counsel, who was assisted by Sri Anil Kumar, learned counsel for the petitioner and Sri Narendra Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody in Nawanagar P.S. Case no.236/21015 registered for the offence under Section 366A/34 of the Indian Penal Code, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that as per the F.I.R., occurrence had taken place on 26.11.2015, whereas F.I.R. was lodged belatedly on 13.12.2015. It has further been argued that in the statement recorded under Section 164 Cr.P.C. the age of the victim has been noticed as major. He further submits that save and except the fact that the

Patna High Court Cr.Misc. No.26867 of 2016 (2) dt.13-07-2016 2/2 petitioner had taken the victim from Buxar to Goa, there is no accusation against the petitioner, whereas learned Addl. Public Prosecution, opposing the prayer for bail of the petitioner, submits that in the present case, from the material it is evident that the victim girl was enticed for prostitution. She was carried from Buxar to Goa.

Besides hearing learned counsel for the parties, I have also perused the materials available on record. I do not find any ground to extend the privilege of bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U