Md. Shaheed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52434 of 2018 Arising Out of PS. Case No.-172 Year-2017 Thana- JADIA District- Supaul ====================================================== Md. Shaheed, Son of Md. Safique, Resident of Village- Khunt Koriya Patti, P.S.- Jadia, District- Supaul.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat For the Opposite Party/s :

Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Jadia P.S.Case No. 172 of 2017, corresponding to Sessions Trial No. 103 of 2018, registered for the offences punishable under Sections 366/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of daughter of the informant and there is allegation of having physical intercourse with her.

Submission of learned counsel for the petitioner is that though in her statement under Section 164 Cr.P.C. she has named this petitioner and also stated about establishing physical relationship but the girl has been examined during trial and she has not supported the prosecution case, rather stated that on the pressure of her father she has named this petitioner having

Patna High Court Cr.Misc. No.52434 of 2018(4) dt.02-11-2018 2/2 committed rape upon her, which will appear from Annexure-2 to the supplementary affidavit filed today by the petitioner and petitioner is in custody since 22.2.2018 and the girl is major. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Supaul, in connection with Sessions Trial No. 103 of 2018, arising out of Jadia P.S.Case No. 172 of 2017, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner has to co-operate in disposal of trial and appear in court as and when required, otherwise his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U T