Md. Zawed @ Zawed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57255 of 2023 Arising Out of PS. Case No.-404 Year-2010 Thana- SAKRA District- Muzaffarpur ====================================================== MD. ZAWED @ ZAWED ALAM S/O MD. FIROZ MISTRY RESIDENT OF- SIKTA, BLOCK COLONY, P.S- SIKTA, DISTT.- WEST CHAMPARAN (BETIYA).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Masoom Alam, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 22.05.2023 in connection with Sakra P.S. Case No. 404 of 2010 , F.I.R. dated 20.08.2010 for the offences punishable under Sections 366(A)/34 of the I.P.C.

3. According to prosecution case, informant's minor daughter was kidnapped on 15.08.2020 by accused persons including the petitioner for the purpose of marriage. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.57255 of 2023(3) dt.27-09-2023 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that as per FIR the date of occurrence is 16.08.2010, but the FIR has been lodged on 20.08.2010 after delay of five days with giving any explanation of delay in loding of the FIR. He further submits that petitioner has not committed any offence as alleged in the FIR and the medical report of the victim suggests that the victim was aged about 18-20 years.

5. The learned Additional Public Prosecutor for the State on the other hand on the basis of material available in the case diary has vehemently opposed the prayer for bail of the petitioner. Further submits that the victim girl in his 164 Cr.P.C. statement categorically stated that the petitioner has taken her away and kept in a house for fourteen months and also submits that the FIR is of the year 2010 and the petitioner has absconded since 2010 and he has arrested in 2023.

6. Considering the aforesaid facts that there is direct allegation against the petitioner, supported by 164 Cr.P.C. statement of the victim girl, I am not inclined to enlarge the petitioner on bail in connection with Sakra P.S. Case No. 404 of 2010 pending in the court of learned A.C.J.M., XIIth, Muzaffarpur.

Patna High Court CR. MISC. No.57255 of 2023(3) dt.27-09-2023 3/3

7. Prayer is refused.

(Rajesh Kumar Verma, J) Prakash Narayan U T