Patna High CourtCR. MISC./51902/2016rejected

Md. Shakil @ Sakil v. The State Of Bihar

2017-02-10Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51902 of 2016 Arising Out of PS.Case No. -149 Year- 2016 Thana -BARSOI District- KATIHAR ====================================================== MD. SHAKIL @ SAKIL, SON OF SK. SIDDIQUE RESIDENT OF VILLAGE - JITWARPUR, POLICE STATION AZAMNAGAR, DISTRICT - KATIHAR .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Najeeb Ahmad, Adv. For the Opposite Party/s : Mr. Sri Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

A minor was induced and then kidnapped along with ornaments as well as cash appertaining to rupees one lac and further being captive she was ravished by three persons. It has been submitted on behalf of petitioner that there happens to be long delay in instituting the case. Apart from this, it has also been submitted that there was love affair in between the victim along with Imran. It has further been submitted that in the complaint petition /written report there happens to be specific disclosure with regard to carrying her to Delhi but during course of statement under Section 164 Cr.P.C., she had confined herself at Katihar so, there happens to be inconsistency in her own statement. Furthermore, it has also been submitted that petitioner happens to be under custody since 24.09.2016.

Patna High Court Cr.Misc. No.51902 of 2016 (4) dt.10-02-2017 The learned Additional Public Prosecutor opposed the prayer.

Admittedly victim is a minor and the medical report suggests that she was ravished. Furthermore, it is also apparent that victim happens to be illiterate, so her presence at the Delhi or at Katihar became immaterial in the background of the fact that she was confined in a room where she remained captive for quite long period and during course thereof, she was raped by three persons.

That being so, prayer for bail is rejected.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T