Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44194 of 2018 Arising out of P.S. Case No.-90 Year-2018 Thana- KATIHAR MUFFASIL, District- Katihar ====================================================== Md. Alam, Son of Md. Genori @ Md. Ganauri, Resident of VillageMakhdumpur, Police Station- Katihar Muffassil, District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s :

Mr. Kumar Virendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Katihar Muffasil P.S. Case No.90 of 2018, registered for offences punishable under Sections 363, 366A/34 of the Indian Penal Code and Section 4 of the POSCO Act.

As per F.I.R., allegation against the petitioner and other co-accused person is of kidnapping the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that main allegation against one Md. Sonu and as per the statement of the victim recorded under Section 164 Cr.P.C. in which, she has stated that petitioner was insisting Md. Sonu for taking away and the name of the petitioner disclosed by two cousin sisters of the informant.

Learned A.P.P. opposes the prayer for bail.

Patna High Court Cr.Misc. No.44194 of 2018(2) dt.27-07-2018 2/2 Having regard of the facts and circumstances and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the court below and makes prayer for regular bail, which will be considered by the learned court below on it own merit without being prejudiced by the order of this court. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) sudha/-sunil U T