Sahmud @ Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60313 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- AAJAM NAGAR District- Katihar ====================================================== Sahmud @ Mukhiya Son of Md. Jakir R/O - Basagaon, P.S.- Azamnagar, District- Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-12-2019 Heard learned Counsel for the petitioners and the learned APP for the State as also the learned Counsel for the informant. The petitioner seeks bail in Azamnagar PS Case No. 63 of 2019 registered under Sections 376, 366A/34 of the IPC and Section 4 of Pocso Act.

Counsel for the petitioner submits that it is actually a case of elopement. On the pressure of the family the victim has given statement under Section 164 Cr.P.C. which is at variance with her deposition recorded under Section 161 Cr.P.C. where she had stated about love affairs between the petitioner and herself. Learned Counsel for the informant and the APP have opposed the prayer by submitting that in the statement under Section 164 the victim has supported the factum of abduction and forceable intercourse over a period of 25 days at Haryana. Considering the rival submissions this Court for the present is not inclined to grant the benefit of bail to the petitioner. The prayer is rejected.

SNkumar/- (Madhuresh Prasad, J) U T