Patna High CourtCR. MISC./42991/2016rejected

Khurshid v. The State Of Bihar

2016-11-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42991 of 2016 Arising out of P.S.Case No. - 191 Year - 2016 Thana - ARARIA District - ARRARIA ====================================================== Khurshid Son of Mojib resident of Village- Damhaili, Police StationAraria, District- Araria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Viveka Nandsingh, Advocate For the Opposite Party : Mr. Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-11-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 364/34 of the Indian Penal Code.

Soni Kumari, the minor daughter of the informant was found missing and subsequently her personal belongings including blood-stained wrapper were recovered from the field of the petitioner and the dead body from some other place. The petitioner and others were suspected to have kidnapped her and committed murder.

Submission of the petitioner is that there is no eyewitness of the occurrence of murder. Hence, only suspicion is there. The case diary reveals that some of the witnesses stated

Patna High Court Cr.Misc. No.42991 of 2016 (3) dt.16-11-2016 2/2 before the police that the petitioner and other accused were sexually exploiting the deceased as well as those witnesses by falsely pretending that they will marry with the victim and other. When the deceased expressed her view to disclose the matter to everyone she was done to death.

Considering the aforesaid materials against the petitioner, I am not inclined to grant anticipatory bail to the petitioner in connection with Araria P.S. Case No. 191 of 2016 pending in the court of learned Chief Judicial Magistrate, Araria/Successor Court.

Kundan (Birendra Kumar, J.) U T