Ajamuddin @ Ajimuddin Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28043 of 2017 Arising Out of PS.Case No. -555 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ajamuddin @ Ajimuddin Alam, son of Sohrab Miya, resident of village - Majuraha, P.S. - Raghunathpur, District East Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party : Mr. Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Turkaulia (Raghunathpur O.P.) P.S. Case No. 555 of 2016 for the offences instituted under Section 366(A)/34 of the IPC. The prosecution story, in brief, is that on 03.11.2016 at 7.00 P.M., the informant's minor daughter Manshi Kumari aged about 13 years went to purchase Mosquito Coil from the Kirana Shop situates in the village side by her house but she has been kidnapped and she got information that due to previous enmity her neighbours who are named in the FIR, including the petitioner conspires with each other kidnapped her daughter with intention to marry with her.

Patna High Court Cr.Misc. No.28043 of 2017 (2) dt.06-07-2017 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case. The petitioner has been made accused in the present case due to previous enmity between the parties. There is no substantive evidence to suggest his implication in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. The victim girl has been recovered. Her statement under Section 164 Cr. P.C. has been recorded. She has named the petitioner in her statement under Section 164 Cr. P.C.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in connection with Turkaulia (Raghunathpur O.P.) P.S. Case No. 555 of 2016, pending in the court of learned C.J.M. East Champaran at Motihari. If the petitioner surrenders in the court below within a period of six weeks and files regular bail application, the same shall be considered on its own merit without being prejudiced by the order of this Court.

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