Patna High CourtCR. MISC./16090/2016rejected

Md. Haroon And ORS. v. The State Of Bihar

2016-07-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16090 of 2016 Arising Out of PS.Case No. -217 Year- 2014 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Md. Haroon S/o Md. Hafiz

2. Ahmad Hussain S/o Md. Haroon

3. Samad Ali S/o Md. Haroon All are resident of Village- Mirzapur, P.S.- Forbesganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Naushad Uzzoha, Advocate. For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-07-2016 Heard both sides.

Petitioners, namely, Md. Haroon, Ahmad Hussain and Samad Ali, apprehend their arrest in Narpatganj P.S. Case No. 217/2014 registered under Sections 363A, 365, 323, 379, 120B of the Indian Penal Code.

The informant filed a complaint case on the basis of which the present F.I.R. was lodged. The informant alleged that his brother-in-law and two sons of his brother-in-law came and took the minor son of the informant along with them but the minor son of the informant did not return. When the informant went to enquire, the accused persons are said to have disclosed that the son of the informant had gone outside along with the son of the accused persons to earn and study. Learned counsel for the

Patna High Court Cr.Misc. No.16090 of 2016 (3) dt.04-07-2016 2/2 petitioners submits that the son of the informant on an earlier occasion also had fled away from his house. There is dispute with regard to share as the petitioner no. 1 is the brother-in-law of the informant but it appears from the case diary that the informant as well as witnesses have stated that the petitioners took the minor son of the informant who is still traceless.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail in Narpatganj P.S. Case No. 217 of 2014. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T