Patna High CourtCR. MISC./26190/2014rejected

Md. Alauddin And ANR. v. The State Of Bihar

2015-01-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26190 of 2014 Arising Out of PS.Case No. -325 Year- 2013 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Md. Alauddin Ansari, Son of Late Nasruddin Ansari

2. Sajjad Ansari @ Sajjad Alam, Son of Md. Alauddin Anwari Both resident of Mohalla - Baradari, Purana Shahar, P.S. Daudnagar, District - Aurangabad (Bihar) .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s : Mr. A.M.P Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehending their arrest in connection with Daudnagar P.S. Case No. 325 of 2013, G.R. No. 968 of 2013 registered for the offences punishable under Section 366A/34 of the Indian Penal Code, seek the privilege of pre-arrest bail. The petitioners are named in the First Information Report with allegation that they aided and assisted Suhail Ansari in kidnapping the minor daughter of the informant. Submission is of false implication and further that the petitioner no. 1 is the father of Suhail Ansari whereas petitioner no. 2 is the brother. As a matter of fact, it is a case of love affairs

Patna High Court Cr.Misc. No.26190 of 2014 (4) dt.07-01-2015 being the relatives, these petitioners have been falsely implicated to which the learned A.P.P. opposes by pointing out that in the case diary, witnesses have supported the allegation. The learned A.P.P. also submits that the victim girl is still traceless.

In the facts and circumstances as stated above, considering the allegation that the petitioners have assisted and aided in kidnapping of the victim girl, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioners. Accordingly, the prayer for pre-arrest bail of the petitioners stands rejected.

(Jitendra Mohan Sharma, J.) Vats/- U T