Md. Sabar @ Sabar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55354 of 2018 Arising Out of PS. Case No.-223 Year-2018 Thana- KADWA District- Katihar ====================================================== Md. Sabar @ Sabar Son of Jhubba @ Taimur Husen, resident of VillageShiru Tola (Dhobighatata), Police Station- Kadwa (Balia Belone O.P.), District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Ziaul Quamar For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kadwa (Balia Belone O.P.) P.S. Case no. 223 of 2018 registered under Sections 363, 365 and 120B of the Indian Penal Code.

Minor daughter of the informant is said to have been kidnapped by the petitioner and four other accused persons named in the F.I.R. and was kept at some unknown destination. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. As a matter of fact, the victim was in love with the petitioner and suo motu eloped with her and informant had knowledge of eloping of the

Patna High Court Cr.Misc. No.55354 of 2018(3) dt.13-12-2018 2/2 victim since the date of occurrence but he has filed the aforesaid case after abnormal delay of around six days. On the other hand, learned APP for the State vehemently opposing the bail petition submitted that as per the statement of the victim recorded under Section 164 Cr.P.C., petitioner along with four other accused persons kidnapped her while she had gone to the field for defecation and took her to Delhi where the petitioner kept her in a room and committed rape against her forcibly for sixteen days. Hence, the petitioner does not deserve bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected.

However, petitioner is directed to surrender before the court below and seek regular bail and the court below shall dispose of the bail petition in accordance with law without being prejudiced by this order.

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