The court must consider all relevant factors, including the victim's statement, age, and pregnancy, when determining whether to grant bail in a kidnapping case.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26613 of 2021

Arising Out of PS. Case No.-361 Year-2018 Thana- SABAUR District- Bhagalpur

======================================================

MD QUARBAN S/o Md. Badruddin @ Baddo Resident of Soma Pranpur,

P.S.- Bakhri, District- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Madan Mohan, Advocate

For the Opposite Party/s :

APP

======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

3

03-01-2022

Heard learned counsel for the parties.

The petitioner has preferred this application for grant

of regular bail in a case registered under sections 363 and 365

of the Indian Penal Code.

As per the prosecution case, it is stated by the

informant that his 14 year old daughter who had gone to attend

tuition 15 days ago did not return. Inspite of search she was not

to be found.

It is submitted by learned counsel for the petitioner

that the FIR was registered after an unexplained delay of 15

days against unknown. The petitioner and the daughter of the

informant were friends and she had gone with the petitioner out

of her own free will. On her return, under the influence of her

parents she had given a tutored statement under section 164

Patna High Court CR. MISC. No.26613 of 2021(3) dt.03-01-2022

2/2

Cr.P.C. Charge sheet has been submitted in the case and

investigation has concluded. The petitioner is in custody since

2.1.2020 and has no criminal antecedent. Referring to the order

of the learned Court below it is submitted that at the first

instance, the girl was not even ready to identify her father.

The application for bail is opposed by learned APP for

the State who submits that the allegation of kidnapping of the

minor victim has been supported by the victim in her statement

under section 164 Cr.P.C.

Having heard learned counsel for the parties and

taking into consideration the facts of the case, the contents of

the statement of the victim under section 164 Cr.P.C wherein she

has made direct allegation against this petitioner and the age of

the victim which has been assessed to be 16-18 years together

with the minor victim having been found to be pregnant, the

Court is not inclined to enlarge the petitioner on bail and the

application is rejected.

Learned trial Court is directed to expedite the trial.

Prakash/-

(Partha Sarthy, J)

U