Md. Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34886 of 2015 Arising Out of PS.Case No. -81 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Md. Imran S/o Late Majharul Haque Resident of Village Chakdaulat , P.S. and Distt. Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Manish Chandra Gandhi, Advocate For the State : Mr. Sanjay Kumar (APP) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered under Sections 363, 364, 366(A) and 372 of the Indian Penal Code. It is submitted that F.I.R. was lodged against the known persons who came on Bolero vehicle and abducted the minor daughter of the informant. The girl, who was aged about 17 years, was, thereafter, recovered from Faridabad. Her statement was recorded on 30.03.2015 by the Police under Section 161 of Cr.P.C. which is in paragraph no.28 of the case diary and in which it is stated that she had willingly gone with the petitioner to Faridabad and they were staying in a house on rent of Rs.1,500/-, whereas statement recorded under Section 164 Cr.P.C. on 04.04.2015 she had stated that three unknown persons had

Patna High Court Cr.Misc. No.34886 of 2015 (3) dt.16-10-2015 2 / 2 abducted her and she became unconscious after induction of some drug and when she became conscious she found her in a locked room and three persons were there. They used to assault also. There is no allegation of any sexual offence in her statement recorded under Section 164 Cr.P.C. It is submitted that after the statement of the girl was taken by the Police then petitioner's statement was also taken which has come in paragraph no.29 of the case diary in which he has stated that whatever is stated is correct. Thus, it is contended that if the statement recorded in paragraph nos.28 and 29 are taken to be true then both of them are young person and had willingly gone to Faridabad but if the statement under Section 164 Cr.P.C.

recorded is taken to be true then the victim has not taken the name of the petitioner. Having regard to the facts and the circumstances of the case, the petitioner, Md. Imran is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J. M., Vaishail at Hajipur in connection with Vaishali P.S. Case No.81/2015.

(Dr. Ravi Ranjan, J) Sanjay-II/- U T