Patna High CourtCR. MISC./54504/2016disposed

Najeeb @ Md. Najeeb v. The State Of Bihar

2017-01-12Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.54504 of 2016 (2) dt.12-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54504 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -TARABARI District- ARRARIA ======================================================

1. Najeeb @ Md. Najeeb, son of Abbas, resident of Village- Pairwakhuri, Police Station- Tarabari, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

This application is for grant of anticipatory bail in connection with Tarabari P.S.Case No.74 of 2016 for the offence under Sections 366A/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that though the allegation of kidnapping is against the petitoner but from the statement of the girl under Section 164 Cr.P.C. itself, it will appear that the victim girl had gone on her own sweet-will with the petitioner and no case is made out under Section 366A of the Indian Penal Code. It is also submitted that even the Doctor recorded her age between 16-17 years at the time of her medical

Patna High Court Cr.Misc. No.54504 of 2016 (2) dt.12-01-2017 evidence but the girl has stated her age 19 years. Heard learned A.P.P. also.

Having heard both sides and considering the facts of the case, I am not inclined to grant anticipatory bail to the petitioner. Let the petitioner surrender before the court below and the make prayer for regular bail and the court below will consider all aspects of the matter including the statement of the victim girl, recorded under Section 164 Cr.P.C. wherein she has not stated about her kidnapping rather she has stated that she had gone on her own sweet-will with the petitioner as well as other materials available on the record, and will consider the case and dispose of the matter preferably on the same day.

(Vinod Kumar Sinha, J) chn/- U