Md.Mustakim @ Mustakim Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41720 of 2016 Arising Out of PS.Case No. -158 Year- 2016 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Md.Mustakim @ Mustakim Mohammad, Son of Nisar Ahmed Resident of village - Repura, P.S. Meenapur, District - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Hari Kishore Thakur, Advocate For the Opposite Party : Mr. Sri Lalan Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner seeks bail in connection with Meenapur P.S Case No. 158 of 2016 registered for the offences punishable under Sections 364 and 376 of the Indian Penal Code. This case has been lodged on the basis of complaint petition filed before the Hon'ble the Chief Minister, State of Bihar, with allegation that the petitioner used to teas and assault his niece and further inspite of her marriage she went at her inlaws house assaulted her, committed rape with her and kidnapped her with an intention to kill her.

Submission is of false implication and that the statement of the victim girl has been recorded under section 164 of

Patna High Court Cr.Misc. No.41720 of 2016 (2) dt.05-10-2016 2/3 the Cr.P.C. wherein she has stated that her marriage was performed with Lalan Giri, against her consent and he used to commit assault, she is in love with the petitioner and she went with the petitioner with her pleasure and she has denied about her kidnapping and also denied to commit wrong with her and this fact is evident from the impugned order itself, the medical report has also assessed the age of the victim as 16-17 years and the Magistrate, who recorded her statement under section 164 of Cr.P.C. has also assessed her age as 17 years and at present the victim is living with brother-in-law of the petitioner. The learned A.P.P.

fairly submits that victim girl in her statement has denied committing any wrong by the petitioner and she has also denied regarding her kidnapping. In the facts and circumstances stated above, considering the statement of the victim girl recorded under section 164 of the Cr.P.C., the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in connection with Meenapur P.S. Case No.

Patna High Court Cr.Misc. No.41720 of 2016 (2) dt.05-10-2016 3/3 concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T