Md Mobin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38139 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- JIYAPOKHAR District- Kishanganj ====================================================== MD MOBIN Son of Raisoddin Resident of Village- Koiya, P.S.- Ziyapokhar, District- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Ziyapokhar P.S. Case No. 14 of 2020, registered for the offence punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

As per the prosecution case, Md. Mobin (petitioner), co-accused Md. Hudda and some unknown persons kidnapped the daughter of informant aged about 13 years. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. The statement of victim girl under Section 164 Cr.P.C was recorded on 29.07.2020 i.e, after lapse of 19 days from the date of occurrence. Petitioner is in custody since 11.07.2020 having no criminal antecedent as stated in para 3 of the petition.

Patna High Court CR. MISC. No.38139 of 2020(2) dt.05-02-2021 2/2 Learned APP however, vehemently opposed the prayer for bail and submitted that the victim girl in her statement under Section 164 Cr.P.C has supported the prosecution version.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T