Sanaullah Darji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1428 of 2015 Arising Out of PS.Case No. -33 Year- 2014 Thana -KANHAULI District- SITAMARHI ====================================================== Sanaullah Darji son of Muslim Darji resident of village Bagaha, P.S. Kanhauli, District Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Jha For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-01-2015 Heard learned counsel for the petitioner and the State. The petitioner is languishing in custody since 25/08/2014 in a case registered for the offences punishable under Sections 364 and 366A of the Indian Penal Code. The accusation is of kidnapping the minor daughter of the informant.

It is submitted that on 16/07/2014 the victim was found in the house. There is no statement under Section 161 Cr.P.C. The statement of the victim girl was recorded under Section 164 Cr.P.C. where she stated that she was kidnapped by the petitioner and other accused persons. The statement of the victim under Section 164 Cr.P.C.was recorded after three months of the alleged occurrence. The medical report does not suggest any sign of rape.

Patna High Court Cr.Misc. No.1428 of 2015 (2) dt.19-01-2015 2/2 The medical report suggests the age of the petitioner as 17 years. The petitioner has no criminal antecedent. Statement to the aforesaid effect has been made in para 3 of the petition. Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000./- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., in connection with Kanhauli P.S.Case No. 33 of 2014.

(Dinesh Kumar Singh, J) singh/- U T