Md. Sabar @ Sabar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33155 of 2019 Arising Out of PS. Case No.-223 Year-2018 Thana- KADWA District- Katihar ====================================================== MD. SABAR @ SABAR Son of Jhubba @ Taimur Husen Resident of Village-Sistola (Dhobigatta), Police Station-Kadwa (Balia Belone, O.P), District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Kadwa (Balia Belone O.P.) P. S. Case No. 223 of 2018 instituted for the offence under Section(s) 363, 365/120B of the Indian Penal Code. Learned counsel for petitioner submits that victim has stated in her statement recorded U/s 164 Cr.P.C. that she lived with this petitioner for 16 days and petitioner committed illegal act with her. The doctor has found no injury on her body and private part. The doctor has also not found any spermatozoa on her private part.

Patna High Court CR. MISC. No.33155 of 2019(3) dt.18-07-2019 2/3 Learned counsel for petitioner submits that occurrence is said to have taken place on 25.6.2018 whereas the FIR has been lodged on 1.7.2018. The doctor has assessed her age between 15 to 17 years. The statement of victim recorded u/s 164 Cr.P.C. has been annexed as Annexure -3, wherein, she has stated that she had gone to attend the call of nature when petitioner and three accused persons caught hold her and brought her to Railway station by Tempo and thereafter took her to Delhi by train. The petitioner kept her in room for 16 days and forcibly established physical relationship with her.

In this manner, from the statement recorded U/s 164 Cr. P.C., it appears that she stayed with this petitioner for 16 days in Delhi.

Petitioner is in custody since 18.1.2019 having no criminal antecedent.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM IV, Katihar in connection with Kadwa (Balia Belone O.P.) P. S. Case No. 223 of 2018 subject to the condition that both the bailors shall

Patna High Court CR. MISC. No.33155 of 2019(3) dt.18-07-2019 3/3 be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T