Md. Sahjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43213 of 2018 Arising Out of PS. Case No.-173 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Md. Sahjad Son of Md. Shamim Resident of Village- Ramjanpur, P.S. Muffassil, District Begusaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 363A and 363 of the Indian Penal Code. The minor daughter of the informant is said to have been kidnapped by the petitioner with intention to perform marriage with her.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. As a matter of fact, the victim happens to be major and on her medical examination, the doctor has found her age as 16-18 years and she was in love with the petitioner and herself eloped with the petitioner. Victim in her statement recorded under

Patna High Court Cr.Misc. No.43213 of 2018(5) dt.26-09-2018 2/2 Section 164 Cr.P.C. has not alleged any overt act against the petitioner. Moreover after recovery of the victim on 27.04.2017, F.I.R. was received in the police station on 28.04.2017 at 03:30 PM and was lodged on the same day at same time but the invesetigation of the case started on 27.04.2017 at 09:30 PM which creates serious doubt about the prosecution case. Earlier bail petition of the petitioner was rejected by this court vide order dated 21.08.2017 with liberty to renew his prayer for bail after six months. Petitioner has been languishing in custody since 28.04.2017.

Learned APP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Begusarai in connection with Muffasil P.S. Case No. 173 of 2017, POCSO Case No. 31/17.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T