Nejam Ansari @ Nijam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25466 of 2015 Arising Out of PS.Case No. -514 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nejam Ansari @ Nijam Ansari, son of Islam Ansari, resident of VillageBagaha Ansari Tola, P.S.- Bagaha, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Yadav For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Motihari Town P.S.Case no. 514 of 2014 instituted under Sections 379 and 364 of the Indian Penal Code, pending in the court of learned C.J.M., East Champaran, Motihari. The prosecution story, in brief, is that the father of the informant who is having one Bolero Jeep and whenever it is booked in fare he himself drives on 26.7.2014 at about 10 o' clock before noon one person came to him and hired the jeep for Jogapatti whose name was not known but his mobile no. was 9470705796. The informant tried to contact his father but after twenty four hours lastly on 27.7.2014 at 9.28 p.m. he could contact but he did not return. The informant suspects that some

Patna High Court Cr.Misc. No.25466 of 2015 (2) dt.16-07-2015 2/2 untoward incident , perhaps, has been taken place. It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case though there is no direct evidence in respect to participation of the petitioner.

On behalf of the State, it has been submitted that it is a case under Section 364 IPC and the victim has not yet been recovered.

Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner is rejected. However, if the petitioner surrenders in the court below within a period of four weeks in the court below and pray for regular bail, the same shall be considered on its own merit without being prejudiced by this order of rejection. (Sudhir Singh, J) singh/- U