IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16142 of 2008 MD. HASIM Versus STATE OF BIHAR ----------- 2 01.05.2008 This is an application for the grant of regular bail in a case under Sections 363, 364, 366A/34 of the Indian Penal Code against four persons including the petitioner. Gayanand Biswas @ Mahendra Biswas lodged F.I.R. alleging therein that Rahbar Alam used to tease his girl Rinki Kumari aged about 13 years and wanted to have sexual relationship and for that he also threatened. It is alleged that the informant gave information to the family of Rahbar Alam. It is alleged that one night at 8.00 P.M. all the four accused persons made his daughter traceless and the neighbour Jogindar Biswas and three other had seen them taking away the girl. It is suspective that her daughter might be subjected to sexual abuse or might be murdered. Learned lawyer for the petitioner submits that the petitioner is the father of the other three accused persons. He submits that the alleged victim Rinki Kumari is major and in support of his contention he refers voter list and affidavit of Rinki Kumari. He further submits that co-accused Rahbar Alam and Rinki Kumari have solemnized marriage vide Annexure-4 and they are living in Delhi as wife and husband. He submits that the Superintendent of Police during the course of supervision came to the finding that co-accused Md. Rahbar Alam and his friend Hefaz @ Doman are involved in the commission of the offence. He, therefore, submits that the petitioner is 2 innocent and he has been implicated simply because he happens to be the father of co-accused Md. Rahbar. So, he prays for bail. Learned lawyer on behalf of the victim Rinki Kumari appeared and submitted that Rinki Kumari has solemnized marriage with the co-accused Rahbar Alam and they are living in Delhi as wife and husband. As a result Rinki Kumari kept pregnancy for about six months. Learned lawyer appearing on behalf of the informant submits that the petitioner is the father of the main co-accused Rahbar Alam and they have got full knowledge about the offence and about the whereabouts of his son. He, therefore, prays for rejection of the bail. Considered the submissions made together with the allegation, the petitioner Md. Hasim is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Araria in connection with Jokihat P.S.Case No.30 of 2007. Mkr. (Anwar Ahmad, J)