Md Sikandar @ Sikandar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4440 of 2021 Arising Out of PS. Case No.-91 Year-2018 Thana- ABADPUR District- Katihar ====================================================== MD SIKANDAR @ SIKANDAR Son of Md. Rustam Ali Resident of Village- Bhawanipur, P.S.- Abadpur, Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Chandra Patel, Adv For the Informant :

Mr.Abhay Kumar Singh, Adv For the State :

Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner hereby undertakes to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner, who apprehends is arrest has renewed his prayer for bail in connection with Abadpur P.S. Case No. 91 of 2018 for the offences alleged under Sections 498(A), 365/34 of the Indian Penal Code, having earlier been rejected by this Court by order dated 12.03.2019 in Criminal Miscellaneous No. 69211 of 2018.

3. It is submitted that in a fresh development, the husband of the so-called victim has since surrendered and he has been granted bail by the learned Court below. The petitioner is uncle-in-law of the victim and claims clean antecedents.

4. Learned APP assisted by learned counsel for the informant opposes the petition stating that the victim girl has not yet been recovered.

Patna High Court CR. MISC. No.4440 of 2021(3) dt.03-02-2021 2/2

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to take a different view of the matter. The petition stands dismissed.

6. If the petitioner surrenders and seeks regular bail before the learned Court below the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.

7. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T