Md Gaush Azam @ Md. Gaush v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61670 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- BIHARIGANJ District- Madhepura ====================================================== Md Gaush Azam @ Md. Gaush SON OF Md. Firoz Alam @ Md. Firoz Resident of Village- Rahata, Ward No. 1, Police station- Udakishunganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Suman Kumari Singh, APP For the Informant :

Mr. Pawan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-11-2024 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in Bihariganj P.S. Case No. 72 of 2024, instituted for the offences punishable under Sections 341, 366, 376, 379, 506 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, on the pretext of marriage, the petitioner abducted the daughter of the informant and made illicit relationship with her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.61670 of 2024(3) dt.14-11-2024 2/3 present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that there is delay of five days in lodging the FIR. On perusal of the medical report it appears that no any sign of recent intercourse present at the time of medical examination of the victim. It is further submitted that statement of the victim made under Section 161 Cr.P.C. contradicts with the statement made under Section 164 Cr.P.C. The petitioner is in custody since 17.04.2024 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Learned APP for the State further submits that the victim in her statement recorded under Section 164 Cr.P.C. has made specific allegation against the petitioner. There is serious and specific allegation against the petitioner of abducting the victim and making physical relationship with her on the pretext of marriage. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of allegation against the petitioner and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.61670 of 2024(3) dt.14-11-2024 3/3

7. The prayer is rejected.

(Rudra Prakash Mishra, J) Rajorshi/- U T