Patna High CourtCR. MISC./3762/2016rejected

Parvez Alam @ Md. Parvez Alam v. The State Of Bihar

2016-06-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3762 of 2016 Arising Out of PS.Case No. -134 Year- 2015 Thana -DARAUNDA District- SIWAN ====================================================== Parvez Alam @ Md. Parvez Alam, S/o- Md. Yunus, R/o Village- Pukhari Jhiruwa, P.S.- Simraha, District- Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Radha Mohan Pathak, Advocate.

For the Opposite Party : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-06-2016 Heard both sides.

The petitioner apprehends his arrest in Daraunda P.S. Case No. 134 of 2015, registered for the offences punishable under Sections 366 and 366-A of the Indian Penal Code. Allegation against the petitioner is that he kidnapped Shakila Khatoon minor daughter of the informant. It appears that vide order dated 11.04.2016 on the statement of the learned counsel appearing on behalf of the petitioner, that the victim is aged about 22 years and the victim is willing to live with the petitioner the petitioner and the victim were directed to appear on 29th April, 2016 before the learned Chief Judicial Magistrate, Siwan to record the statement of the victim under Section 164 of the Cr.P.C. But it appears that neither

Patna High Court Cr.Misc. No.3762 of 2016 (5) dt.20-06-2016 2/2 the petitioner nor the victim appeared before the learned Chief Judicial Magistrate, Siwan for getting the statement under Section 164 of the Cr.P.C. recorded. Learned counsel for the petitioner submits that till date he has not received any statement of the victim recorded under Section 164 of the Cr.P.C. nor got any information from his client.

Considering the facts aforesaid and the fact that the petitioner is alleged to have kidnapped the minor daughter of the informant, I am not inclined to enlarge the petitioner above named on anticipatory bail in Daraunda P.S. Case No. 134 of 2015. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T