Md. Sabir Hussain @ Md. Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12992 of 2017 Arising Out of PS.Case No. -21 Year- 2016 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Md. Sabir Hussain @ Md. Sabir, Son of Md. Kairul Hussain, Resident of Village-Chimni Bazar, P.S.-Sadar, District-Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Special Case No. 76 of 2016 arising out of K. Nagar P.S. Case No. 21 of 2016 instituted for the offence under Sections 363, 366(A) and 34 of the Indian Penal Code.

It is alleged that minor daughter of the informant had gone to college but did not return. The informant raised suspicion against one Niraj Kumar Yadav that he kidnapped his daughter. After recovery of the victim girl, her statement under Section 164 Cr. P.C. has been recorded wherein she has levelled specific allegation against the petitioner of kidnapping and confining her and also establishing physical relationship with her.

Patna High Court Cr.Misc. No.12992 of 2017 (3) dt.18-04-2017 2/2 Case diary has been received.

Learned A.P.P. has submitted that in the case diary it has come that the victim girl has been recovered from the house of the petitioner. The medical report of the victim is also available in paragraph-79 of the case diary wherein the doctor has opined her age between 17-18 years. He has also found sign of sexual intercourse at the time of examination.

In such circumstances, this Court is not inclined to grant bail to the petitioner at this stage.

The prayer for bail of the petitioner stands rejected. The court below is directed to expedite the trial. (Sanjay Priya, J) S.Ali/- U T