Nurul Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39532 of 2018 Arising Out of PS.Case No. -108 Year- 2017 Thana -AWADPUR District- KATIHAR ======================================================

1. Nurul Islam, Son of Latifur Rahman, resident of Balizol, P.S. Itahar, District- North Dinajpur (W.B.).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2018 Heard both sides.

The petitioner apprehends his arrest in Abadpur P.S. Case No.108/2017, registered under Sections 363 and 366/34 of the Indian Penal Code.

The father of the victim made allegation that on 12.06.2017 the petitioner with the help of his father and Saddam Ali kidnapped his minor daughter.

Learned counsel for the petitioner submits that the date of birth of the victim is 03.07.1998 as mentioned in Adhar Card. The victim is a major girl. She appears to be a consenting party but from perusal of the statement of the victim made under Section 164 of the Cr.P.C., it appears that the victim made specific allegation that the petitioner with the help of his parents forcibly

Patna High Court Cr.Misc. No.39532 of 2018 (2) dt.09-07-2018 2/2 kidnapped her and while she was under confinement of the petitioner, petitioner also forcibly established physical relation with the victim.

Considering the aforesaid fact, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected in connection with Abadpur P.S. Case No.108/2017, pending in the Court of learned C.J.M., Katihar. (Prabhat Kumar Jha, J) Amit/- U T