Md. Aamir @ Rikki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34355 of 2023 Arising Out of PS. Case No.-195 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== Md. Aamir @ Rikki son of Md. Akhtar Village- Phulwariya ward no-12, PsPhulwariya Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the State :

Dr. Indiwar Kumari, APP For the Opposite Party/s :

Mr. Bipin Kumar, Advocate, Mrs. Sarita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Phuwariya P.S. Case No. 195 of 2022 registered for the offence under Sections 366-A of the Indian Penal Code.

4. The accused/petitioner is named in the F.I.R. and is in custody since 26.08.2022.

5. The allegation against the petitioner is to kidnap the minor daughter of the informant for the purpose of illicit intercourse/marriage.

6. Learned counsel appearing on behalf of the petitioner submitted that the fact of this case suggest that victim accompanied

Patna High Court CR. MISC. No.34355 of 2023(3) dt.17-07-2023 2/2 petitioner up to Chennai, which is not possible without her consent, negating kidnapping on its face. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP, while opposing the prayer of bail, submitted that victim specifically stated against this petitioner as to kidnap her and thereafter established physical relation on different occasions by blackmailing her through earlier recorded video. It is submitted that at the time of occurrence victim was of 15 years and she also found between age group of 15-16 on medical examination.

8. Considering the facts and circumstances as mentioned above, as specific allegation of kidnapping and penetrative sexual assault is available against this petitioner, accordingly, prayer for grant of bail of petitioner is rejected herewith.

9. Learned Trial Court is directed to conclude the trial within specified time period in terms of provision of POCSO Act.

10. The presence of I.O. of this case is dispensed with. (Chandra Shekhar Jha, J) pooja/- U T