Oral order granting bail rejection to a petitioner alleged of abducting and trafficking a minor girl, finding no grounds for privilege against bail given the serious nature of the offence and victim statement.
Application for bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18720 of 2022
Arising Out of PS. Case No.-262 Year-2021 Thana- BAHADURGANJ District- Kishanganj
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Shahnawaz Alam @ Shahnawaz @ Shanazaj Alam Son of Md. Ajad @ Azad Resident of Village - Baisa Kutti, Gopalganj Tola Janigachh, P.S. - Bahadurganj, District - Kishanganj.
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
3 04-08-2022 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner Mr. Aman Kumar Sinha, learned counsel for the informant and Mr. Jitendra Kumar Singh, the learned APP for the State.
The case has been lodged under Sections 363, 366(A)/34 of the Indian Penal Code, in connection with Bahadurganj P.S. Case No. 262 of 2021.
The informant has alleged that in the night, the petitioner herein abducted his minor daughter and when he tried to enquire from his house no satisfactory reply was given and it was further threatened that he may have to face dire consequences.
Subsequently, the girl was recovered and she made a
Patna High Court CR. MISC. No.18720 of 2022(3) dt.04-08-2022 2/2
statement under Section 164 of the Cr.P.C., a copy of which has been provided by the learned counsel for the informant.
A bare perusal of the statement made by the victim girl shows that when in the mid night, the girl had gone to attend call of nature, this petitioner along with some other coaccused dragged her and forced her to sit in a car and thereafter made her unconscious when she gained consciousness, she found herself in Patna. She was finally dropped at her home after two days.
Taken into account the fact that the allegation is of abduction and the minor girl who subsequently after returning home, has made statement against petitioner herein, this Court is not inclined to grant him the privilege of bail which is accordingly rejected.
(Rajiv Roy, J)
Ravi/niku-
1 issue framed by the court
Whether bail should be granted to the petitioner accused of abducting a minor girl.
Shahnawaz Alam @ Shahnawaz @ Shanazaj Alam
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
