Patna High CourtCR. MISC./45894/2016rejected

Moin v. The State Of Bihar

2016-12-13Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.45894 of 2016 (2) dt.13-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45894 of 2016 Arising Out of PS.Case No. -728 Year- 2014 Thana -ARARIA District- ARRARIA ====================================================== Moin, son of Zabul, resident of Village- Boria, P.S.- Jokihat, Dist.- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Araria (Bairgachhi) P.S. Case No. 728 of 2014 registered under Sections 379, 366 and 376(G) of the Indian Penal Code pending in the court of Ist Additional Sessions Judge, Araria. Learned counsel for the petitioner submits that it would appear from the F.I.R. that on the basis of Fradbeyan of informant, Abdul Rasid, F.I.R. was lodged against the friend of Pappu regarding carrying her younger daughter-victim and this petitioner is not named in the F.I.R. but in course of investigation the statement of victim was recorded, under Section 164 of the Cr.P.C., in which, she disclosed the name of this petitioner and

Patna High Court Cr.Misc. No.45894 of 2016 (2) dt.13-12-2016 others, who carried her forcibly.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T