Patna High CourtCR. MISC./9135/2019dismissed

Md. Muzaffar v. The State Of Bihar

2019-04-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9135 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- AMAUR District- Purnia ====================================================== MD. MUZAFFAR, Son of Abdul Wahab, Resident of Village - Jabar, PSBaisee, Dist. Purnea ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Special Case No. 85 of 2018, arising out of Amour P.S. Case No. 117 of 2018, registered for the offences punishable under Sections 363, 366, 366A, 420, 376, 384, 506, 34 of the Indian Penal Code and Section 4 of POCSO Act. Allegation as per FIR is is of kidnapping of minor daughter of the informant and thereafter after taking Rs.20,000/- she was released. It further appears from the record that she was also subjected to rape.

Submission of learned counsel for the petitioner is that there is delay in lodging the FIR and for that a complaint case has been lodged and further there is no such allegation of demanding Rs.20,000/- by the petitioner and she was released thereafter and later on such allegation has been leveled against

Patna High Court CR. MISC. No.9135 of 2019(3) dt.24-04-2019 2/2 the petitioner.

Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail of the petitioner stating that the victim girl in her statement under Section 164 Cr.P.C. has supported the prosecution case. Having heard both sides and in the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on the basis of the materials available on the record. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T