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Patna High CourtCR. MISC./27920/2015dismissed

Dhan Mohammad @ Sikandar And ORS v. The State Of Bihar

2015-07-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27920 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -AWADPUR District- KATIHAR ======================================================

1. Dhan Mohammad @ Sikandar Son of late kafiluddin

2. Md. Musayeb son of Md. Jalil

3. Md. Rakib son of late Chaimuddin All are resident of village- Sohar, PS- Abadpur, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Dr. Kr.Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2015 The petitioners are apprehending their arrest in connection with Abadpur P.S. Case No. 19 of 2015 for the offence instituted under Section 366/34 of the Indian Penal Code. Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that petitioners along with another accused kidnapped Sarfina Khatoon daughter of the informant who has been recovered from the house of Md. Musayab, petitioner no. 2.

It has been submitted on behalf of the petitioners that petitioners have been falsely implicated in the present case. it is submitted that petitioners have got no criminal antecedent

Patna High Court Cr.Misc. No.27920 of 2015 (2) dt.22-07-2015 2/2 On behalf of the State, it is stated that the name of petitioners has come on the statement recorded under section 164 Cr.PC of the victim.

Considering the aforesaid facts and circumstance, I am not inclined to grant bail to the petitioners. According this application is rejected.

If anyhow the petitioners will surrender before the court below within a period of six weeks from today, the court below shall consider the case of the petitioners on its own merit without being prejudiced by this order and if possible, the same will be disposed of on the same day.

(Sudhir Singh, J) Mahesh/- U T