Patna High CourtCR. MISC./52698/2018rejected

Md. Sawood Alam @ Md. Saud Alam @ Sawood v. The State Of Bihar

2018-09-04Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52698 of 2018 Arising Out of PS.Case No. -142 Year- 2018 Thana -ARARIA District- ARRARIA ====================================================== Md. Sawood Alam @ Md. Saud Alam @ Sawood Son of Bharuddin Resident of Village- Fatkan Tola, Ward No.- 10, Belwa P.S. & DistrictAraria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner as well as learned Additional P.P.

Petitioner seeks regular bail in connection with Araria P.S. Case No.142 of 2018 registered for the offences under Sections 365, 366, 504, 506/34 of the Indian Penal Code. There happens to be an allegation against the petitioner to have kidnapped Raziya Sultana aged about 16 years along with others. Victim during course of statement under Section 164 of the Cr.P.C. had not only pinpointed the petitioner to be her kidnapper rather she also alleged that he kept her under his captive for 22 days and during course thereof, committed rape. Learned counsel for the petitioner has submitted that as per medical evidence, victim has been identified to be major.

Patna High Court Cr.Misc. No.52698 of 2018 (2) dt.04-09-2018 2/2 Also submitted that being major, victim had joined hands to be the petitioner of her own volition and further, married with him. Subsequently thereof, under the influence of her parents, she changed her colour and levelled such kind of allegation. Learned Additional P.P. opposed the prayer.

In spite of forbidden by the Hon'ble Apex Court that age of victim should not be ascertained by way of the medical evidence, still the procedure is being carried on. Be that as it may, considering the statement of the victim, prayer for bail is rejected.

(Aditya Kumar Trivedi, J) N.H./- R.S. Sen U T