Shamshad Mian And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46716 of 2016 Arising Out of PS.Case No. -117 Year- 2016 Thana -BARGANIA District- SITAMARHI ======================================================

1. Shamshad Mian S/o Adud Mian

2. Naushad Mian S/o Adud Mian Both resident of Village- Lahari Tola, P.S.- Bairgania, District- Sitamari.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Virendra Kumar, Advocate.

For the Opposite Party : Mr. Satyadev Prasad Singh Yadav, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-12-2016 Heard both sides.

The petitioners apprehend their arrest in Bairgania P.S. Case No. 117 of 2016, registered for the offences punishable under Sections 363, 366 and 372 of the Indian Penal Code. The informant alleged that his daughter aged about 18 years was going to the house of her maternal aunt but both the petitioners kidnapped her on a motorcycle.

Learned counsel for the petitioners submits that the petitioners have not kidnapped the victim. The victim and her parents appeared before the Sessions Judge, Sitamarhi at the time of hearing of the bail petition and they have stated that the victim had gone to the house of her maternal aunt but from perusal of the case diary it appears that the victim did not make her statement

Patna High Court Cr.Misc. No.46716 of 2016 (3) dt.22-12-2016 2/2 under Section 164 of the Code of Criminal Procedure nor appeared before the court. The informant made specific allegation that the petitioners forcibly kidnapped her on a motorcycle. Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

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