Rustam Mian @ Sannu Mian @ Rustam Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49334 of 2016 Arising Out of PS.Case No. -95 Year- 2015 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Rustam Mian @ Sannu Mian @ Rustam Ali Son of Bhola Ansari resident of Village- Gambir Hatha, P.S.- Jamo Bazar, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-01-2017 The petitioner is in custody since 29.04.2016 in connection with Siwan Mahila P.S. Case No. 95 of 2015, registered for offences punishable under Sections 363, 366A and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is a delay in lodging of the F.I.R. and the girl out of her own sweet will had gone with the petitioner and only on account of pressure of her parents, she denied this fact. However the parties have compromised the present matter and the petitioner has been languishing in judicial custody since 29.04.2016. Heard learned A.P.P. also. He has brought my attention towards the statement of victim girl u/s 164 of the Cr.P.C, in which she has named this petitioner as the person who had

Patna High Court Cr.Misc. No.49334 of 2016 (3) dt.27-01-2017 2/2 kidnapped and raped her.

Having heard both sides, considering the aforementioned facts and circumstances of the case and materials collected during the course of investigation, I am not inclined to grant the petitioner, the privilege of bail, it is accordingly rejected. However petitioner may renew his prayer for bail after examination of informant as well as the victim girl in this case. (Vinod Kumar Sinha, J) sunil/- U T