Md. Nadeem vs The State Of Bihar on 9 February, 2011

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.1160 of 2011
               MD. NADEEM SON OF MD. AZEEM, RESIDENT OF
               MASURIYA, P.S. JOKIHAT, DIST. ARARIA.
                                               ------------------PETITIONER
                                          Versus
               THE STATE OF BIHAR        .----------------OPPOSITE PARTY
                                       -----------

2 09.02.2011 Heard learned counsels for the petitioner and

the State.

The petitioner is apprehending his arrest in a

case registered under Section 366A of the Indian Penal

Code.

It is submitted on behalf of the learned counsel

for the petitioner that the accusation against the

petitioner is of kidnapping the informant’s daughter. It is

further submitted that the F.I.R reflects that the petitioner

met with the victim at the petitioner’s house prior to the

lodging the F.I.R. Moreover, the victim and the victim’s

brother stated that the petitioner has no hand in

kidnapping the victim as she was being abducted by

someone else. The medical report suggests the age of the

victim between 18 to 19 years. Though it appears from

the impugned order that the victim in her 164 Cr.P.C

statement has also implicated the petitioner, the

abduction has taken place on 10.05.2010 whereas the
2

F.I.R was instituted on 16.05.2010 when the victim

returned on 16.05.2010.

Considering the inconsistent statement of the

victim as well as the informant and the fact that now the

informant has finally retracted from his initial version,

let the petitioner be released on bail in the event of arrest

or surrender before the learned court below within a

period of twelve weeks from today in Connection with

Jokihat (Mahal Gawon) P.S. Case No. 120 of 2010 on

furnishing bail bond of Rs. 10,000/- (Ten Thousand)

with two sureties of the like amount each to the

satisfaction of the learned Chief Judicial Magistrate,

Araria under the conditions as laid down under Section

438(2) Cr.P.C.

Amrendra/                                    (Dinesh Kumar Singh,J.)