Sahadat @ Sahadat Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32307 of 2022 Arising Out of PS. Case No.-306 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== SAHADAT @ SAHADAT ALAM SON OF ISRAFIL @ MD. IESRAFIL R/O VILLAGE- POKHARIYA, P.S.- BARDAHA, DISTRICT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the State :

Mrs.Renu Kumari For the Informant Mr. Anil Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in Forbesganj P.S. Case no. 306 of 2022 registered for the offences punishable under sections 365, 366 and 366A of the Indian Penal Code. Allegedly the petitioner and co-accused persons kidnapped the informant's minor daughter after enticing her and during the course of search the informant got the information that the petitioner and co-accused persons kidnapped his daughter by using motorcycle.

The main submissions advanced by learned counsel

Patna High Court CR. MISC. No.32307 of 2022(3) dt.13-09-2022 2/3 Sri Mukesh Kumar Rana appearing for the petitioner are that as per the FIR the informant is not the eye-witness of the occurrence, the informant is not a resident of the petitioner's village and she has not explained in the FIR the source of identification of the accused person, in fact, the victim eloped with this petitioner and thereafter she and the petitioner voluntarily surrendered in the police station concerned and moreover, the petitioner has been languishing in jail since 23.03.2022 having clean antecedent.

Learned APP Mrs.Renu Kumari appearing for the State and learned counsel Mr. Anil Pd. Singh appearing for the informant have vehemently opposed the bail prayer and submitted that victim has supported the allegation of the FIR in her statement recorded under section 164 Cr. P.C. The present case relates to kidnapping allegedly committing by this petitioner and co-accused persons in respect of the minor daughter of the informant and the allegation made in the FIR has been supported by the victim before the Judicial Magistrate and the victim alleged that she was forcefully taken by this petitioner and co-accused persons with an intention to marry her with this petitioner.

Considering the nature of allegation this Court is

Patna High Court CR. MISC. No.32307 of 2022(3) dt.13-09-2022 3/3 not inclined to enlarge the petitioner on bail and accordingly, his prayer for bail stands rejected. The petitioner may renew his bail prayer after framing of charge.

(Shailendra Singh, J) s.hassan/- U T