Patna High CourtCR. MISC./47576/2014dismissed

Md. Nasar @ Bholu @ Nasar Volu @ Md. Nasad v. The State Of Bihar

2015-07-31Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47576 of 2014 Arising Out of PS.Case No. -49 Year- 2014 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Md. Nasar @ Bholu @ Nasar Volu @ Md. Nasad Son of Gul Mohammad, Resident of village- Sarugara, P.S. Kishanganj, District- Kishanganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha, Adv. For the Opposite Party/s : Mr. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-07-2015 Heard both sides.

The petitioner seeks bail in Bahadurganj P.S. Case No. 49/2014, registered for the offences punishable under Sections 366A, 376, 372 and other Sections of the Indian Penal Code. The father of the victim made allegation that the petitioner kidnapped his daughter. The victim was recovered and she made her statement under Section 164 of the Cr.P.C. She disclosed her age to be 16 years. She further disclosed that the petitioner committed rape with her on the threat of killing. It is submitted that the Doctor found the age of the victim between 18-19 years. The victim and the petitioner were apprehended near bus stand but the victim was not made hue and

Patna High Court Cr.Misc. No.47576 of 2014 (6) dt.31-07-2015 2/2 cry.

Considering the facts aforesaid and the fact that the victim has made very specific allegation that the petitioner kidnapped her and committed rape with her, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within six months from the date of receipt of this order. If the trial is not concluded within stipulated period, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J.) Rakhi/- U T