Md. Bansher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5746 of 2018 Arising Out of PS. Case No.-340 Year-2017 Thana- DEEPNAGAR District- Nalanda ====================================================== Md. Bansher, Son of Md. Kamru, Resident of Village- Sohdih, P.S.- Sohsarai, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ram Swarup Prasad For the Opposite Party/s :

Mr. SRI BINOD KUMAR 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. Vide order dated 05.03.2018, this Court had directed or appearance of the victim girl and the informant. Informant is present but the victim girl is absent. The petitioner seeks bail in connection with Deep Nagar P.S. Case No. 340 of 2017 registered for the offence punishable under Sections 365, 366A/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the informant.

It has been submitted on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in this case. Learned counsel for the petitioner further submits that the medical board was constituted which ascertained the age of the

Patna High Court Cr.Misc. No.5746 of 2018(5) dt.07-03-2018 2/2 victim to be 17 to 18 years. The victim girl in her statement under Section 164 of the Cr.P.C has stated that she went to Delhi to get married with the petitioner as such the story of informant that his minor girl was kidnapped by the petitioner seems to be false. Learned counsel for the petitioner further submits that the victim girl has refused her vaginal examination. Petitioner has got no criminal antecedent and is in custody since 25.11.2017. Learned counsel for the informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deep Nagar P.S. Case No. 340 of 2017. (S. Kumar, J) ranjan/- U