Hizbul Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9695 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -BIRAUL District- DARBHANGA ====================================================== Hizbul Rahman Son of Md. Sajjad Resident of Village - Naudeya, P.SBiraul, District - Darbhanga .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mohammad Sufyan, Advocate.

For the Opposite Party : Mrs. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-05-2015 Heard both sides.

The petitioner seeks bail in Biraul P.S. Case No. 7 of 2015, registered for the offences punishable under Section 366A, 363 and other Sections of the Indian Penal Code. The father of the victim made allegation that on 13.01.2015 when his daughter went to attend the call of nature Hizbul Rahman, Md. Irfan and Shambhu Paswan kidnapped her minor daughter aged about 14 years.

It has been submitted that the victim made her statement under Section 164 of the Cr.P.C. and she disclosed a different story that the accused persons and Vikash scaled over her roof while she was sleeping and forcibly kidnapped her. Other accused persons came back, but Vikash kept her at the house of

Patna High Court Cr.Misc. No.9695 of 2015 (3) dt.07-05-2015 2/2 his relative. It has further been submitted that the victim was assessed to be between 17-18 years. The victim appears to be major. She herself fled away with Vikash and in order to conceal her own deeds she made a different story in her statement under Section 164 of the Cr.P.C.

Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Biraul at Benipur, Darbhanga in connection with Biraul P.S. Case No. 7 of 2015.

(Prabhat Kumar Jha, J.) KKSINHA/- U T