Md. Juber v. The State Of Bihar
Patna High Court Cr.Misc. No.13019 of 2016 (2) dt.18-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13019 of 2016 Arising Out of PS.Case No. -99 Year- 2015 Thana -JADIA District- SUPAUL ======================================================
1. Md. Juber, Son of Md. Zakir, resident of Village- Phulkaha, P.S.- Jadia, District- Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-04-2016 Heard Mr. Pramod Mishra counsel for the petitioner and Mr. Dayal APP for the State.
Petitioner apprehends his arrest in connection with Jadia P.S. case no. 99 of 2015, registered under Sections 366A/34 of the IPC.
In absence of the mother, it is alleged that the petitioner along with others kidnapped the 13 years old daughter of the informant. On retrieval , the girl made statement in which she has named the petitioner.
Mr. Mishra submits that in the estimation of the Court she was assessed 17 years old. However, the girl herself disclosed her age 16 years. In her statement under 164 Cr. P.C. she has not alleged any ill behaviour against the petitioner. The
Patna High Court Cr.Misc. No.13019 of 2016 (2) dt.18-04-2016 parties are on inimical terms.
Learned APP opposed the prayer and contended that not only in the FIR but also in the statement of the girl, he has been named as a person who associated himself with other accused in kidnapping /abducting the minor daughter of the informant. Considering the facts and circumstances of the case, this Court is not inclined to extend the privilege of anticipatory bail to the petitioner. Prayer is rejected.
Petitioner may surrender and seek regular bail. If he does so, the same shall be considered and disposed of by the learned Court below unprejudiced by the present order. (Kishore Kumar Mandal, J) Shyam/- U T