Salman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41569 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- BAHADURGANJ District- Kishanganj ====================================================== Salman Son of Md Ismail Resident of Village - Mansura, P.S.- Kochadhaman, District - Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Adv.
For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bahadurganj P.S. Case No. 225 of 2023 registered under Sections 363, 366-A, 341, 323, 504 and 506/34 of the Indian Penal Code.
3. It is alleged that this petitioner along with other accused persons kidnapped the daughter of informant.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the FIR. The name of the petitioner has transpired only on the basis of the statement of victim recorded under Section 164 Cr.P.C. Petitioner has got clean antecedent.
5. Learned A.P.P. for the State opposed the prayer for bail
Patna High Court CR. MISC. No.41569 of 2024(4) dt.26-10-2024 2/2 of the petitioner and submits that the victim in her statement recorded under Section 164 Cr.P.C. clearly stated that this petitioner along with other co-accused persons kidnapped her on the point of knife, took her to Siliguri with an intent to sell her. She further stated that accused persons also committed rape upon her.
6. Having considered the accusation as well as the statement of victim recorded under Section 164 Cr.P.C., this Court is not inclined to grant bail to the petitioner. His prayer for bail is, accordingly, rejected.
(Prabhat Kumar Singh, J) utkarsh/- U T