Patna High CourtCR. MISC./36713/2024rejected

Md Khushnoor @ Md Khurnoor v. The State Of Bihar

2024-07-16Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36713 of 2024 Arising Out of PS. Case No.-1558 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Md Khushnoor @ Md Khurnoor Son of Md. Muturja Resident of VillageMaidapur, P.S- Bochahan , Dist-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ahiyapur (S.K.M.C.H. O.P) P.S Case No. 1558 of 2023 instituted for the offence punishable under Sections 363 and 366(A) of the Indian Penal Code.

3. As per prosecution case, it is a case of abduction of the minor daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is next submitted that due to inimical terms all the family members

Patna High Court CR. MISC. No.36713 of 2024(3) dt.16-07-2024 2/2 are made accused in this case. In similar situation coaccused has been granted anticipatory bail by the Coordinate Bench of this Court in Cr. Misc. No. 19753 of 2024.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

6. From perusal of the F.I.R., impugned order and case diary, it appears that victim girl has been recovered and she is minor and in her statement under 164 Cr.P.C, she has named this petitioner as one of the persons who had kidnapped her and kept her in captivity. Offence alleged is serious in nature.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T