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Patna High CourtCR. MISC./57316/2018dismissed

Md. Jalal Ansari @ Md. Jalal v. The State Of Bihar

2018-10-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57316 of 2018 Arising Out of PS.Case No. -70 Year- 2018 Thana -RUPAULI District- PURNIA ====================================================== Md. Jalal Ansari @ Md. Jalal S/o Gulam Murtaza @ Gulam Murtuza, R/o Azad Nagar (Near Arbiya Collage) Madhopara, P.S.- K. Hat (Sahayak), District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Special Case No. 105 of 2018, arising out of Rupauli P.S.Case No. 70 of 2018 registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of minor daughter of the informant and later on Section 376 IPC has also been added.

Submission of learned counsel for the petitioner is that in her statement under Section 164 Cr.P.C. she has stated her age as 16 years and the court has assessed her age as 17-18 years and there was love affair between the parties and as such he has falsely been implicated in this case and the matter relates to inter-caste

Patna High Court Cr.Misc. No.57316 of 2018 (4) dt.26-10-2018 2/2 marriage and petitioner is in custody since 15.4.2018. Heard learned APP also, who has opposed the prayer for bail of the petitioner stating that the victim girl has named this petitioner in her statement under Section 164 Cr.P.C. Having heard both sides and in view of allegation, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

However, let the trial be expedited.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U T