Patna High CourtCR. MISC./61813/2017disposed

Md. Iftekhar @ Md. Iftekhar Ahmad v. The State Of Bihar

2018-01-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61813 of 2017 Arising Out of PS.Case No. -227 Year- 2017 Thana -PAROO District- MUZAFFARPUR ====================================================== Md. Iftekhar @ Md. Iftekhar Ahmad, son of Md. Naim Ansari @ Md. Naim Ahmad, resident of Village- Deluan, Police Station- Paroo, DistrictMuzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kumar Dhirendra Pratap Singh For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner.

This is an application for bail in connection with Paroo P.S. Case No. 227 of 2017 registered for the offences punishable under Sections 363, 364 and 366A/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor girl of the informant.

Submission of learned counsel for the petitioner is that the statement under Section 164 Cr.P.C. of the victim girl shows that there is no allegation of sexual harassment against the petitioner and after one day she was left. Further submission is that though victim girl is said to be a minor but Annexure-2 shows that she was aged about 18 years 9 months and petitioner is in custody since 2.10.2017.

Patna High Court Cr.Misc. No.61813 of 2017 (3) dt.11-01-2018 2/2 Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail stating that petitioner is the main accused.

Having heard both sides and in the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage.

However, once charge has been framed against the petitioner, learned trial court shall release the petitioner on bail to its own satisfaction on filing an undertaking by the petitioner that he will co-operate in trial and will appear in court as and when required by trial court.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U