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Patna High CourtCR. MISC./44982/2021bail rejected

Babar Khan v. The State Of Bihar

2022-02-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44982 of 2021 Arising Out of PS. Case No.-543 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== BABAR KHAN S/o Md. Anwar @ Md. Raju Khan Resident of VillageIqubal Nagar, P.S.- Kotwali, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 366A of the Indian Penal Code.

As per the prosecution case, the minor daughter of the informant was kidnapped by the petitioner for the purpose of marriage.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The daughter of the informant returned and her age was assessed by the Medical Board to be over 19 years. There was love affair between the parties and daughter of the informant has given her statement under section 164 Cr.P.C. under the pressure of her family members. The petitioner is in custody since 12.3.2021

Patna High Court CR. MISC. No.44982 of 2021(3) dt.28-02-2022 2/2 and has no criminal antecedent. There is no explanation whatsoever with respect to the delay of more than 21⁄2 months in lodging of the F.I.R.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the statement of the victim-daughter of the informant under section 164 Cr.P.C., the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T