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Patna High CourtCR. MISC./32190/2019dismissed

Jubair Hasmi @ Juber Hasmi v. The State Of Bihar

2019-07-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32190 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- CHAND District- Kaimur (Bhabua) ====================================================== JUBAIR HASMI @ JUBER HASMI, Son of Ekbal Hasmi Resident of Village - Bharakri Kala, P.S.- Chand, Dist.- Kaimur at Bhabua. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Chand P.S.Case No. 14 of 2019 registered for the offences under Sections 363 and 366A of the Indian Penal Code.

Allegation as per FIR is of kidnapping of minor daughter of the informant and petitioner is also named in the FIR as well as in the statement of victim girl recorded under Section 164 Cr.P.C.

Submission of learned counsel for the petitioner is that no other overt act has been alleged against the petitioner and there is also contradiction between the statement of the victim girl recorded earlier and her statement recorded under Section 164 Cr.P.C.

Heard learned APP also.

Patna High Court CR. MISC. No.32190 of 2019(3) dt.25-07-2019 2/2 In view of allegation made in the FIR and 164 Cr.P.C. statement of the victim girl, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on its own merit.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T