Sk. Mister v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8403 of 2021 Arising Out of PS. Case No.-150 Year-2020 Thana- AMDABAD District- Katihar ====================================================== SK. MISTER SON OF SK. ATIFUL R/O KEWALA MILIK, P.S.- AMDABAD, DISTT.- KATIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Dr. Mritunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Amdabad P.S. Case no. 150 of 2020 registered under sections 363, 366A and 34 of the Indian Penal Code.

As per allegation in the FIR, the three accused persons including the petitioner herein are stated to have kidnapped the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. It is a case of love affair between the petitioner and

Patna High Court CR. MISC. No.8403 of 2021(4) dt.27-07-2021 2/2 the daughter of the informant. The daughter of the informant returned home safely, however, it was as a result of the family pressure that she has given a tutored statement under section 164 Cr.P.C. The petitioner is in custody since 18.7.2020 and has no criminal antecedent.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and on perusal of the material on record it transpires that the minor daughter of the informant on return in her statement under section 164 Cr.P.C. has made specific allegations of kidnapping and rape against this petitioner.

The Court is not inclined to enlarge the petitioner on bail and the application is rejected.

The learned trial Court is directed to expedite the trial. Spd/- (Partha Sarthy, J) U T