Md. Khurshid @ M.D. Kuhrshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32140 of 2016 Arising Out of PS.Case No. -167 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Md. Khurshid @ M.D. Kuhrshid, son of Md. Murshid, resident of VillageNariyar, Ward No. 3, P.S. Saharsa, District Saharsa. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-08-2016 Heard Sri Krishna Prasad Singh, learned Senior Counsel, who was assisted by Sri Saket Kumar Singh, learned counsel for the petitioner and Sri Umanath Mishra, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 09.03.2016 in Saharsa Sadar P.S. Case No.167/2016 registered for the offence under Sections 366(A), 363, 34 of the Indian Penal Code, has prayed for grant of bail.

Learned Senior Counsel appearing on behalf of the petitioner, by way of referring to Annexure-2 i.e. the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, submits that in view of statement made by the victim girl, it is evident that the petitioner has not kidnapped the

Patna High Court Cr.Misc. No.32140 of 2016 (2) dt.18-08-2016 2/2 victim girl. He submits that the victim girl has not made any allegation against the petitioner.

Besides hearing learned counsel for the parties, I have perused the material on record. In this case, a minor girl aged about 15 years was kidnapped. On perusal of the statement of the victim girl recorded under Section 164 Cr.P.C., the Court is satisfied that it is not a fit case for extending the privilege of bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U