Md. Tauheed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22691 of 2016 Arising out of PS.Case No. -729 Year- 2015 Thana -KHAZANIHAT District- PURNIA ====================================================== Md. Tauheed, son of Md. Jumman, resident of village- Milki Kadam Toli Police Station- Maranga, District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjeet Kumar Singh, Advocate. For the Opposite Party : Mr. Satyendra Narayan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2016 A supplementary affidavit has been filed on behalf of the petitioner, the same may be kept on the record. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 08.01.2016 in connection with K. Hat( Maranga) P.S. Case No. 729 of 2015 for the offences instituted under Sections 366(A)/34 of the IPC. The prosecution story, in brief, is that on 03.12.2015 in the morning hours of the day when the daughter of the informant Md. Moin who is quite minor girl aged about 14 years was abducted by the petitioner with assistance of his associates on the point of weapon while she was going to her School Parwati Mandal Uchcha Vidyalaya, Harda, from the place located in front of the gate of that school and was taken away by the petitioner with him on a tempo bearing Registration No. BR-11D-9736 for

Patna High Court Cr.Misc. No.22691 of 2016 (4) dt.02-08-2016 2/2 her sexual exploitation. In course of investigation, the petitioner was arrested in connection with this case and remanded to jail custody on 08.01.2016.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.01.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses against the petitioner. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. The specific allegation has been made against one Rohit. From perusal of Annexure-1 to the supplementary affidavit which is the statement of the victim girl recorded under Section 164 Cr. P.C., it is evident that the victim girl has not named the petitioner.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 C.J.M., Purnea, in connection with K.Hat (Maranga) P.S. Case No. 729 of 2015. U.K./- (Sudhir Singh, J) U T