Nurain Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24910 of 2018 Arising Out of PS. Case No.-116 Year-2017 Thana- SURSAND District- Sitamarhi ====================================================== Nurain Ansari, S/o Md. Bashir Ansari, Resident of Village- Barahi, P.S.- Parihar, Dist- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Sursand PS Case No.116 of 2017, registered under Sections 363/366(A)/506/504/34 of the Indian Penal Code. Allegation in brief is that the petitioner kidnapped minor daughter of the informant and also threatened the son of the informant from his mobile.

Learned counsel for the petitioner submits that there is no medical report of the girl and the petitioner has been in custody since 11.05.2017; whereas learned counsel for the State submits that the victim girl is minor, only 16 years of age and she has stated in her statement recorded under Section 164 Cr.P.C. that she was kidnapped by the petitioner and also raped

Patna High Court Cr.Misc. No.24910 of 2018(2) dt.26-04-2018 2/2 in captivity.

Having considered the aforesaid facts and circumstances, in particular the specific allegation of kidnapping and committing rape to a minor girl, the prayer of bail of the petitioner is rejected in connection with Sursand PS Case No.116 of 2017, pending in the court of learned Judicial Magistrate, Pupri at Sitamarhi.

(Arun Kumar, J) S.KUMAR/- U T