Md. Asad @ Asad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13440 of 2016 Arising Out of PS.Case No. -337 Year- 2015 Thana -AMARPUR District- BANKA ======================================================

1. Md. Asad @ Asad son of Kayyum, Resident of village - Naya Tola Garibpur, Police Station - Amarpur, District - Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Amarpur P.S. Case No. 337 of 2015 registered for the offences punishable under Sections 366-A, 341, 323 and 504/34 of the Indian Penal Code.

Allegedly, Jahira, aged 14 years, the youngest daughter of the informant was kidnapped by the petitioner and others and during investigation, the statement of the victim girl has been recorded under Section 164 Cr.P.C. wherein, she has supported the allegation of kidnapping and further that the petitioner developed physical relationship with her 4-5 times.

Submission is of false implication and that First Information Report has been lodged after three days of the alleged occurrence, the petitioner and the victim girl appeared themselves before the police on 14.11.2015, earlier the victim has not stated

Patna High Court Cr.Misc. No.13440 of 2016 (3) dt.20-06-2016 2/2 anything rather has filed petition before the police that she herself went with the petitioner but later on, under pressure of her parents she changed her version and gave false statement under Section 164 Cr.P.C. The victim has been medically examined and the doctor has not found any sign of injury and it is a case of love affair and, as such, the petitioner deserves sympathetic consideration and moreover now the matter has also been compromised.

The learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the statement of the victim girl, recorded under Section 164 Cr.P.C. wherein, she has supported the allegation of kidnapping and also of raping against the petitioner and, as such, at present I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Amarpur P.S. Case No. 337 of 2015 pending in the court of learned C.J.M., Banka.

However, the petitioner may renew his prayer for bail after examination of the victim girl during trial. (Jitendra Mohan Sharma, J) sushma/- U T