Md. Barik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5612 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== MD. BARIK Son of Abdul Sattar Resident of Village - Mahiyarpur, P.S.- Manihari, District- Katihar, Presently resided at Kamat Tola, Sirnea, P.S.- Muffasil, District- Katihar ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bimal Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2019 Appellant seeks bail in connection with Muffasil P.S.Case No. 129 of 2019 registered for the offences punishable under Sections 366A, 323, 504, 120B/34 of the Indian Penal Code and Section 3 (r)(s)(w) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. As per FIR appellant is said to have kidnapped minor daughter of the informant and as per her statement recorded under Section 164 Cr.P.C. he has also committed rape upon her. Submission of learned counsel for the appellant is that it appears to be a consenting sexual relationship and age of the girl is assessed at 15-17 years and appellant is in custody since 27.8.2019.

Heard learned Special P.P., who has opposed the

Patna High Court CR. APP (SJ) No.5612 of 2019(2) dt.20-12-2019 2/2 prayer for bail of the appellant.

In view of allegation and also considering the facts and circumstances, I am not inclined to grant bail to the appellant.

Accordingly, the appeal is dismissed.

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