Patna High CourtCR. MISC./18881/2019dismissed

Bablu @ Naushad Alam v. The State Of Bihar

2019-04-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18881 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- ANDHRATHARHI District- Madhubani ====================================================== Bablu @ Naushad Alam S/o Md. Istiyak @ Md. Istak R/o village- Gidarganj, P.S.- Andharathadhi, District- Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 363, 366A, 120(B), 34 of the Indian Penal Code.

The prosecution case, in brief, is that on the pretext of marriage, the accused persons enticed away the neice of the informant.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. There is no allegation either of physical or sexual assault against the petitioner. The victim has already been recovered.

Patna High Court CR. MISC. No.18881 of 2019(2) dt.02-04-2019 2/2 On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. His name has come in the statement of the victim recorded under Section 164 of the Cr.P.C. It is alleged that the petitioner had kept the victim in an illegal confinement. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner in connection with Andharathadhi P.S. Case No. 83 of 2018 is rejected.

If the petitioner surrenders in the court below and seek regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) A.K.V.//- U T