Md. Murtuza Hafiz @ Murtaza Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52429 of 2017 Arising Out of PS.Case No. -238 Year- 2015 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. MD. MURTUZA HAFIZ @ MURTAZA HUSSAIN, S/o Sattar Mian, R/o Village- Pathra, P.S.- Manjhagarh, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 21-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Manjhagarh P.S. Case No.238 of 2015 instituted for the offence under Section(s) 363, 366-A Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Gopalganj.

In the written report, it is alleged that this petitioner has kidnapped the minor daughter of the informant. Case diary has been received, wherein, statement of the victim girl recorded under Section 164 Cr. P. C. is available. Victim girl in her statement under Section 164 Cr. P.C. has levelled specific allegation against this petitioner of kidnapping her and establishing physical relationship with her by

Patna High Court Cr.Misc. No.52429 of 2017 (3) dt.21-12-2017 2/2 force for several days after confining her in a house. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T