Md Murshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4515 of 2024 Arising Out of PS. Case No.-165 Year-2023 Thana- KONCH District- Gaya ====================================================== Md Murshid, Male aged about 20 S/O Md. Jafir @ Jafir Miyan Resident Of Village Sabbit, PS Nalanda, District - Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md Saquir Son of Md. Zamir resident of lodipur, PS. - Konch , District - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arunkumar Bhagat, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-03-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Koch P.S. Case No.-165 of 2023 registered for the offence under Sections 366A of the Indian Penal Code.

3. As per the prosecution case, it is a case of abduction of the daughter of the informant by the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and the case has been compromised between the parties and petitioner has got clean antecedent and he is in custody since 24.04.2023.

Patna High Court CR. MISC. No.4515 of 2024(3) dt.14-03-2024 2/2 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. From perusal of the first information report, impugned order dated 18.10.2023 as well as the statement recorded under Section 161 of the Cr.P.C. before the Investigating Officer and 164 of the Cr.P.C. before the learned Magistrate, it appears that victim has clearly stated in 164 of the Cr.P.C. that he kidnapped and committed rape upon her, so I am not inclined to grant bail to the petitioner.

7. Prayer for bail of the petitioner is hereby rejected.

8. However, the trial Court is directed to conclude the trial preferably within a period of six months from the date of receipt of a copy of this order and if the trial is not concluded within the said period, the petitioner may renew his prayer for bail.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T