Salauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52509 of 2018 Arising Out of PS.Case No. -60 Year- 2018 Thana -SISWAN District- SIWAN ====================================================== Salauddin S/o Doma Ram @ Doma Miyan, resident of village - Kishunbari P.S. Siswan (Chainpur O.P.), Distt - Siwan.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Siswan (Chainpur) P.S. Case No. 60 of 2018, registered for offences alleged under Sections 363 and 372 of the Indian Penal Code.

Learned counsel for the petitioner has drawn attention of this Court towards the statements made under Section 164 Cr.P.C. and submits that in fact in the statement under Section 164 Cr.P.C. the victim girl has not alleged anything wrong against this petitioner.

This Court finds that there is an allegation against the petitioner that he had allured the minor girl of this informant who

Patna High Court Cr.Misc. No.52509 of 2018 (2) dt.28-09-2018 2/2 was aged about 14 years only and had taken her in an Orchestra Party. The informant got information on his mobile that his daughter is therewith this petitioner and she would be sold out to another Orchestra party, therefore, if he wants to save his daughter he can do the needful. On this, the first information report was lodged. This Court, however, finds that in 164 Cr.P.C. statement the victim girl has stated inter alia that this petitioner had given her a sum of Rs. 500/- cash with one bag and some books and thereafter he had left her his house. The petitioner happened to be the friend of father of the victim girl and the victim girl has further stated that this petitioner had got full knowledge about the victim girl going to Delhi.

In the given facts and circumstances of the case where this Court finds the petitioner's name has transpired as the person who had given some money to the victim girl and had allured her to go to Delhi and the petitioner happened to be the friend of the father of the victim girl, this Court is not inclined to grant regular bail to the petitioner at this stage. The application is dismissed.

Let the trial be expedited.

(Rajeev Ranjan Prasad, J) Arvind/Ved/- U T