Patna High CourtCR. MISC./841/2018dismissed

Md. Sonu v. The State Of Bihar

2018-02-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.841 of 2018 ======================================================

1. Md. Sonu, S/o Md. Munna, R/o Barkagaon, P.S.-Karja, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Karja P.S. Case No.62 of 2017 instituted for the offence under Section(s) 366A/34 Indian Penal Code pending in the Court of the Judicial Magistrate, 1st class, Muzaffarpur.

It is alleged in the written report that this petitioner along with two other persons, as named in the written report, has kidnapped the wife of the informant along with child and kept her for ten days at different places and also committed illegal act with her. They gave threat to his wife to kill her son and on such threat they used to commit illegal act with her. Wife of the informant was recovered after ten days by the police, but she was kept by the police in Remand Home, Mithanpura, and her son was brought to the house.

Patna High Court Cr.Misc. No.841 of 2018 (3) dt.26-02-2018 2/2 Counsel for the petitioner has pointed out Annexure3, which is the report of the Officer-in-Charge, Karja P.S., dated 04.03.2017, wherein, it has been mentioned that wife of the informant was recovered from the house of this petitioner. Statement of the victim girl has been recorded by the police during investigation under section 161 Cr. P. C., which is available in para 8 the case dairy, wherein, she has levelled specific allegation against the petitioner of kidnapping her and committing illegal act with her for ten days. 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