Md. Makbool Alam @ Maqubul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42943 of 2016 Arising Out of PS.Case No. -101 Year- 2016 Thana -DHAMDAHA District- PURNIA ====================================================== Md. Makbool Alam @ Maqubul S/o Late Rojit Alam, Resident of VillageJiwan Toli, P.S.-Kasba, District-Purnea .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2016 Heard Sri Ajit Ranjan Kumar, learned counsel for the petitioner, Sri Parmeshwar Mehta, learned Addl. Public Prosecutor as well as Sri Prakash Mahto, learned counsel, who has voluntarily appeared on behalf of the informant. The sole petitioner, who is in custody since 05.06.2016 in Dhamdaha P.S. Case No.101/2016 registered for the offence under Section 366(A) of the Indian Penal Code, has prayed for grant of bail.
It was submitted by learned counsel for the petitioner that the petitioner has been made victim of deep rooted conspiracy. He submits that as per statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, she was kidnapped by the petitioner and on the next date she was
Patna High Court Cr.Misc. No.42943 of 2016 (2) dt.17-10-2016 2/2 recovered showing that while fleeing, the petitioner was arrested and only thereafter an F.I.R. was lodged on 04.06.2016. On the aforesaid ground, he has made a prayer for extending the privilege of bail.
Learned Addl. Public Prosecutor as well as learned counsel for the informant, by way of referring the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, submits that the petitioner is the main accused and victim was aged about 14 years.
In view of accusation, the Court is of the opinion that there is no ground for extending the privilege of bail. The petition stands dismissed.
(Rakesh Kumar, J) NKS/- U T