Md. Sahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24114 of 2018 Arising Out of PS.Case No. -114 Year- 2013 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Md. Sahid, Son of Late Ahmad Sah, resident of Village- Mukundpur, P.S. Mahua, District Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Mahua P.s.Case nO.114 of 2013 registered for offences punishable under Sections 366(A), 365/34 of the Indian Penal Code. Allegation against the petitioner is that is that the victim girl has identified the petitioner and other accused persons who have kidnapped the victim girl.

Submission of the learned counsel for the petitioner is that except that she has identified, there is no allegation against the petitioner, which will appear from the statement of the victim girl under Section 164 Cr.P.C. Further submission of the learned counsel for the petitioner is that he is not named in the FIR and recently warrant has been issued and as such he has prayed for

Patna High Court Cr.Misc. No.24114 of 2018 (2) dt.02-05-2018 2/2 anticipatory bail.

Heard learned A.P.P. also, who has opposed the prayer for bail that the case is of the year, 2013..

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T