Md. Shanny @ Md. Sunny @ Sunny v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4277 of 2016 Arising Out of PS.Case No. -268 Year- 2013 Thana -THAKURGANJ District- KISANGANJ ====================================================== MD. SHANNY @ MD. SUNNY @ SUNNY S/o Late Hamizuddin @ Nizamuddin resident of Belbuldangi, P.S.- Thakurganj, DistrictKishanganj.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is accused in connection with Thakurganj P.S. Case No. 268 of 2013 registered under sections 363 and 366(A) of the I.P.C. pending in the Court of C.J.M., Kishanganj.
The accusation against the petitioner is of enticing away of daughter of the informant for the purpose of marriage. Submission is that in fact, the victim, daughter of the informant, whose age has been assessed in the medical examination in between 16 to 18 years, moved with the petitioner according to her sweet will to perform the marriage, but the present case has been lodged with ulterior motive by the father of
Patna High Court Cr.Misc. No.4277 of 2016 (3) dt.27-07-2016 2/2 the victim and in his pressure. The victim also supported the prosecution case in her statement recorded under section 164 Cr. P.C.
On the other hand, learned counsel for the State opposed the prayer of the petitioner with contention that the victim in her statement under section 164 Cr. P.C. specifically stated that the petitioner has forcibly raped her.
Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, prayer of the petitioner for bail is rejected.
(Rajendra Kumar Mishra, J) Shail/- U T