Md. Neyaz Raza @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12672 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Md. Neyaz Raza @ Sonu Son of Md. Afjal, Resident of VillageChandsarai, P.S.- Jandaha, District- Vaishali at Hajipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sachchidanand Choudhary, Advocate.

For the Opposite Party : Mr. Ashok Kumar Singh 1, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-07-2017 Heard both sides.

The petitioner apprehends his arrest in Jandaha P.S. Case No. 74 of 2016 registered for the offences punishable under Sections 363, 365 and 34 of the Indian Penal Code. The informant mother of the victim alleged that the petitioner and others took her son but her son did not return. Shri Sachchidanand Choudhary, learned counsel for the petitioner submits that the occurrence took place on 18.03.2016 but the FIR was lodged on 27.05.2016. The victim made his statement under Section 164 Cr.P.C. (Annexure-2) and disclosed that the petitioner ofcourse took him to Patna Zoo but thereafter the petitioner was not seen in the company of the victim. The victim disclosed absurd story. The true facts are that father of the

Patna High Court Cr.Misc. No.12672 of 2017 (4) dt.04-07-2017 2/2 victim died and the mother of the victim solemnized marriage with the uncle of the victim. The grand-father of the victim gifted land in favour of the victim falling in the share of the deceased, the father of the victim and that is why the victim was being neglected by his mother. The victim being disgusted with the behaviour of his mother fled away somewhere else and falsely implicated the petitioner but from perusal of the statement of the victim it appears that the victim made specific allegation that the petitioner took him to Patna Zoo and introduced the victim to some other persons. The petitioner requested him to take Samosa thereafter the victim became unconscious and he was taken to Mumbai where he was kept confined for about six months.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T