MD. RIZWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has been made accused for the offence registered under Sections 448, 363A, 376 and 379 of the Indian Penal Code. Heard learned counsel for the petitioner and learned counsel for the State.

(2.) LEARNED counsel for the petitioner has submitted that as per the FIR, the latch of the window was found broken and the informant had seen this petitioner taking away the victim girl on his motorcycle, however, the victim girl has recorded her statement under Section 164, Cr.P.C. wherein she has not stated that the latch of the window was broken by the petitioner, rather the window was open. She has also stated that petitioner had made her smell some intoxicant due to which she became unconscious this also contradicts the allegation in the FIR, that the ingredients of the offence under Sections 376 and 363A is not made out, that in fact the victim girl had herself come to the house of the petitioner with all her academic documents for the purpose of marrying him and the documents are lying with the petitioner which proves that the petitioner did not entice or induce the victim girl to go with him.

(3.) UNDER the facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, this bail application is hereby rejected. However, petitioner is at liberty to renew his prayer for bail if the trial is not concluded within nine months of this order.