Md. Tabrez v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21028 of 2016 Arising Out of PS.Case No. -99 Year- 2015 Thana -JADIA District- SUPAUL ====================================================== Md. Tabrez, Son of Md. Yasim, Resident of Village- Phulkaha, PS Jadia, District Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Jha, Advocate For the Opposite Party/s : Mr. Parmanand Prasad (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Jadia P.S. Case No. 99/15 for offences alleged under Sections 366A/34 of the Indian Penal Code. The allegation is that petitioner along with others with bad intention abducted the daughter of the informant. Informant also alleged that her daughter eloped with ornaments and cash also.

It has been submitted by the learned counsel for the petitioner that in the First Information Report the informant has herself stated that her daughter had taken away jewellery and cash along with her. The victim girl also in her statement under

Patna High Court Cr.Misc. No.21028 of 2016 (2) dt.03-08-2016 2/3 Section 164 Cr.P.C. has stated that the petitioner did not establish any physical relation with her. He submits that the allegation upon the petitioner casts suspicion as the victim girl had taken jewellery and cash along with her. He further submits that on medical examination also no external or internal injury was found nor was there any commission of rape. It has further been submitted that the petitioner has no criminal antecedent, as is evident from paragraph 3 of this petition.

However, learned APP for the State submits that the victim girl was taken away by the petitioner and one another, which is evident from the statement of the victim girl under Section 164 Cr.P.C., hence, opposes the prayer for bail. Be that as it may, since as per the First Information Report the victim girl had taken jewellery and cash along with her and in her statement under Section 164 Cr.P.C. there is no allegation of any overt act by the petitioner upon the victim girl, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, 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 Sri Kumar Krishanadeo learned Judicial Magistrate, Supaul, in connection with Jadia P.S. Case No. 99/15, subject to

Patna High Court Cr.Misc. No.21028 of 2016 (2) dt.03-08-2016 3/3 the conditions as laid down under Section 438(2) Cr.P.C. (Nilu Agrawal, J) Rajesh/- U T