Md. Samir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64071 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== MD. SAMIR, aged about 19 years, Male, Son of Md. Shamim, Resident of Village/Mohalla- Mansari Tole Bajrangwali Mandir, P.S.- Kasim Bazar, District- Munger ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjiv Kumar Singh, Adv.
For the Opposite Party :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks pre-arrest bail in connection with Kasim Bazar P.S. Case No. 89 of 2019, pending in the Court of the Additional Sessions Judge I-cum-Special Judge, POCSO Act, Munger, registered under Sections 363, 366A and 364 of the Indian Penal Code and 8 of the Protection of Children from Sexual Offences Act, 2012.
The accusation is of kidnapping of minor daughter of the informant by the petitioner for performing the marriage. The learned counsel appearing on behalf of the petitioner submits that after recovery of the daughter of the informant, she was examined medically and her age was assessed between 17 to 18 years and her statement was also recorded under Section 164 of the Indian Penal Code in which
Patna High Court CR. MISC. No.64071 of 2019(2) dt.18-10-2019 2/2 she has stated about her kidnapping by this petitioner saing that this petitioner wanted to perform the marriage, but, she did not state about committing rape by the petitioner and others. Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.
(Rajendra Kumar Mishra, J) Shamshad/- U T