Md. Ataul @ Md. Atabul Rahman @ Md. Atabul @ Atabul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51230 of 2018 Arising Out of PS.Case No. -126 Year- 2017 Thana -SAHARGHAT District- MADHUBANI ======================================================

1. Md. Ataul @ Md. Atabul Rahman @ Md. Atabul @ Atabul son of Md. Sulaiman Resident of Village Bishanpur PS Saharghat, Distt. Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner has been in custody since 14.12.2017 in connection with Saharghat P.S. Case No. 126/2017 registered for the offence punishable under Sections 363/366(A)/34 of the Indian Penal Code.

The petitioner seeks to renew his prayer for bail as the girl has been recovered and he may be extended the privilege of bail.

On the earlier occasion, the prayer of the petitioner was considered at length and in view of the fact that the victim girl was not recovered, this Court was not inclined to grant bail to this petitioner and his prayer for bail was accordingly rejected.

Patna High Court Cr.Misc. No.51230 of 2018 (4) dt.05-09-2018 2/2 In the present situation, the victim girl has now been recovered and in her statement recorded under Section 164 Cr. P.C., she has categorically named the present petitioner that he has kidnapped her and taken her to Nepal and, thereafter, to Delhi.

In view of the statements made under Section 164 Cr. P.C., I am not inclined to grant regular bail to this petitioner. It is accordingly rejected.

(Anjana Mishra, J) Saif/- U T