Md. Shakib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17279 of 2018 Arising Out of PS.Case No. -188 Year- 2017 Thana -MANSI District- KHAGARIA ======================================================

1. Md. Shakib S/o Late Md. Shakil, R/o Baluara, P.S.- Barauni, Distt.- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjesh Prasad For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Mansi Police Station Case No. 188 of 2017, disclosing offences under Sections 366 (A) of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the informant.

Submission of learned counsel for the petitioner is main allegation is of kidnapping the minor daughter of the informant is against other accused persons of this case and they have been granted the privilege of anticipatory and the only allegation against the petitioner that he kept the girl in her house and in fact there was love affair between him and the victim girl

Patna High Court Cr.Misc. No.17279 of 2018 (3) dt.25-04-2018 2/2 and she has solemnized marriage with the accused. Learned counsel for the State opposed the prayer for bail and submitted that the girl in her statement recorded under Section 164 Cr.P.C.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege o anticipatory bail to the petitioner, rather this application is disposed of with direction to the petitioner to surrender before the court below within a period of four weeks and pray for regular bail and if any such application is filed, the court below after considering the above submission as well as after examining the victim girl with regard to submission that marriage has been solemnized between the victim and accused, shall pass an appropriate order without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T