Md. Shahid @ Md. Sahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55232 of 2016 Arising Out of PS.Case No. -473 Year- 2015 Thana -KATIHAR District- KATIHAR ====================================================== MD. SHAHID @ MD. SAHID .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

This is an application for grant of regular bail for offences punishable under Sections 366, 376, 379/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is an inordinate delay of about one year in lodging the case and further the petitioner is the husband of the informant and he had filed application before the Court below for restitution of conjugal right and due to some disputes, the present case has been filed against the petitioner and he is in custody since 10.10.2016. Heard learned A.P.P. also who opposes the prayer of bail. Having heard both sides. From perusal of the record, it appears that there is direct allegation against the petitioner of

Patna High Court Cr.Misc. No.55232 of 2016 (2) dt.11-01-2017 2/2 kidnapping and committing rape upon the victim girl and the statement of the girl has also been recorded under Section 164 Cr.P.C. during which also she has supported the case of kidnapping.

Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, this application is dismissed.

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