Salauddin Darzi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16555 of 2015 Arising Out of PS.Case No. -35 Year- 2014 Thana -NAUTAN District- SIWAN ====================================================== Salauddin Darzi Son of Phool Mohammad Darzi, Resident of Village - Thakur Ke Rampur, P.s. - Nawtan, District - Siwan. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Nawtan P.S. Case No.35 of 2014 for the offence punishable under Sections 363 and 366A read with Section 34 of the Indian Penal Code.

The prosecution story, in brief, is that daughter of the informant, namely, Rima Kumari had gone to ease in the field from where she had been kidnapped by Guddu Chauhan and Phool Mohammad Darzi including petitioner and they took her on the motorcycle. At that time she raised hulla. In the meantime, when one Ful Badan Devi, who had also gone for easing, saw the miscreants taking away the victim girl and the said Ful Badan Devi came and narrated the incident to the informant.

Patna High Court Cr.Misc. No.16555 of 2015 (2) dt.10-06-2015 2/2 It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in the present case and the same is evident from perusal of Annexure-2 which is a photo copy of the statement of the victim girl made under Section 164 of the Code of Criminal Procedure. From perusal of Annexure-2 it appears that the victim girl has admitted that on her own will, she had left her residence along with the petitioner for the purpose of marriage and she wants to live with the petitioner. It has further been submitted that the petitioner has got no criminal antecedent and he is in custody since 23.05.2014.

On behalf of the State it has been submitted that the petitioner is named in the first information report. Considering the statement of the victim girl made under Section 164 of the Code of Criminal Procedure, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge, Siwan in connection with Nawtan P.S. Case no. 35 of 2014.

(Sudhir Singh, J) B.T/- U T