Md. Wakil @ Md. Wakil Ali @ Wakil Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43129 of 2016 Arising Out of PS.Case No. -82 Year- 2016 Thana -BARARI District- KATIHAR ====================================================== Md. Wakil @ Md. Wakil Ali @ Wakil Ali, son of Abdul Manan, resident of village- Chhoti Tengariya, P.S. Barari, District- Katihar .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bhola Prasad For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-10-2016 Heard Sri Bhola Prasad, learned counsel for the petitioner and Sri Manoj Kumar no.1, learned Addl. Public Prosecutor.
The sole petitioner, who is in custody since 20.04.2016 in Barari( Semapur) P.S. Case No.82/2016, corresponding to S. T.No. 165/16, registered for the offence under Section 366A/34 of the Indian Penal Code, has prayed for grant of bail.
By way of referring to F.I.R., it was submitted by learned counsel for the petitioner that as per F.I.R. itself, the occurrence had taken place on 02.04.2016, whereas F.I.R. was lodged on 07.04.2016. He further submits that in the F.I.R., it has been alleged by the informant that the daughter of the informant had gone to school and thereafter she never returned, whereas in her statement recorded under Section 164 of the Code of Criminal
Patna High Court Cr.Misc. No.43129 of 2016 (2) dt.20-10-2016 2/2 Procedure, the victim girl has made completely a different story and she has stated that while she had gone to attend call of nature, she was kidnapped. He further submits that the victim was not recovered by the police but she voluntarily went to the house and, thereafter, her statement under Section 164 Cr.P.C. was recorded. According to learned counsel for the petitioner, the statement of the victim girl has been recorded under the influence of the family members. He submits that only with a view to pressurize the petitioner to marry with the victim girl, the present case was falsely instituted. He further submits that the victim was examined by the Medical Board and she was found major.
Be that as it may, keeping in view the statement of the victim girl recorded under Section 164 Cr.P.C. , copy of which has been brought on record as Annexure-3 to the petition, I am not inclined to extend the privilege of bail. However, keeping in view the fact that since the case has already been committed to the court of Sessions, while dismissing the prayer for bail of the petitioner, it is desirable to observe that the learned trial court may take appropriate steps, so that the case may come to its logical end without unnecessary delay.
(Rakesh Kumar, J) NKS/- U T