Md. Sahanbaj Alam @ Md. Sahanbaj @ Shahnawaj Alam @ Md. Sahanwaj Raj v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49731 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -NAUGACHIA District- BHAGALPUR ====================================================== 1.Md. Sahanbaj Alam @ Md. Sahanbaj @ Shahnawaj Alam @ Md. Sahanwaj Raj Son of Md. Islam Resident of Village - Ujani, Police Station - Naugachia, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Srijit Sundram @ Sonu Son of Late Hira Sah Resident of Rajendra Colony, Ward No. 5, Naugachiya, Police Station - Naugachia, District - Bhagalpur.

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Naugachia Police Station Case No. 8 of 2018, registered for offences punishable under Section 366A/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is of kidnapping the sister of the informant for the purpose of marriage. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and the sister of the informant had love affairs with the petitioner and she voluntarily left her house. It is also submitted that the statement

Patna High Court Cr.Misc. No.49731 of 2018 (2) dt.29-08-2018 2/2 of the victim girl under Section 164 Cr.P.C. has been recorded that shows that she is major and other co-accused persons have been granted privilege of anticipatory bail vide order dated 18.07.2018 passed in Cr. Misc. No. 41493 of 2018. Learned A.P.P. opposes the prayer for bail.

In view of allegation against the petitioner, above named, 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 its own merit without being prejudiced by this order of this Court. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U