Reefat @ Bibi Reefat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14084 of 2023 Arising Out of PS. Case No.-180 Year-2019 Thana- ARARIA District- Araria ====================================================== 1.

Reefat @ Bibi Reefat D/O Jamruddin R/O Vill.- Hariyabara, Ward No. 12, P.S.- Araria (R.S.), Distt.- Araria 2.

Sonu @ Md. Sonu Son Of Jamruddin R/O Vill.- Hariyabara, Ward No. 12, P.S.- Araria (R.S.), Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Araria (R.S) P.S. Case No. 180 of 2019 registered for the offences punishable under Section 365 and 366A of the Indian Penal Code.

As per the prosecution case, the informant minor daughter was abducted by unknown person and not traced out. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. It is further submitted that the occurrence took place on 28.03.2019 and FIR has been lodged on 06.03.2019 and due to village

Patna High Court CR. MISC. No.14084 of 2023(2) dt.12-05-2023 2/2 politics, the petitioners are made accused in the present case. It is further submitted that statement of victim was recorded under section 164 of the Cr.P.C in which she has supported the prosecution case. It is further submitted that petitioners have clean antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the statement of victim in which she supported the prosecution case, I am not inclined to grant privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail stands rejected. However, if petitioner surrenders before the learned court below within a period of six weeks from today, and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner, preferably, on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) N.K/- U T