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Patna High CourtCR. APP (SJ)/116/2019dismissed

Md. Shamim @ Amua Driver @ Amua v. The State Of Bihar

2019-02-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.116 of 2019 Arising Out of PS. Case No.-526 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== Md. Shamim @ Amua Driver @ Amua, aged about 35 years, male, son of Late Khalil, Resident of Village- Dallu tola, Ward No.-19, P.S- Forbesganj, Distt. Araria.

... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ramesh Kumar Singh For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 06-02-2019 The appellant seeks pre-arrest bail in connection with Forbesganj P.S. Case No. 526 of 2017, registered for offences punishable under Sections 1363, 365, 366-A, 376, 504, 506/34 of the Indian Penal Code and Section 3(2)(v) of SC/ST Act. Allegation against the appellant is of kidnapping the minor daughter of the informant.

Submission of learned counsel for the appellant is that the main allegation is against Md. Qadir and no specific allegation has been attributed against the appellant.

Heard learned Special P.P. also, who opposed the prayer for anticipatory bail of the appellant on the ground that the girl in her statement recorded under Section 164 Cr.P.C. has named the appellant.

Patna High Court CR. APP (SJ) No.116 of 2019 dt.06-02-2019 2/2 Having heard both sides, considering the facts and circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the appellant, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court.

Accordingly, this appeal is dismissed.

(Vinod Kumar Sinha, J) Amjad/- AFR/NAFR CAV DATE Uploading Date Transmission Date