Md.Shoukat @ Saukat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43702 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== MD.SHOUKAT @ SAUKAT Son of Abdul Manaf Nadaf Resident of Village - Bel Mohan, P.s.- Pupri, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. Petitioner apprehends his arrest in connection with Pupri P.S. Case No.13/2019 registered for the offence punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

The daughter of the informant is said to have been kidnapped by the petitioner and one Md. Kamre Alam by Scorpio vehicle by pressing her mouth.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to dirty village politics and dispute of passage between the parties. There is no

Patna High Court CR. MISC. No.43702 of 2019(3) dt.09-09-2019 2/2 eyewitness of the occurrence. The petitioner has no criminal antecedent.

On the other hand, learned APP and learned counsel for the informant opposed the bail prayer of the petitioner and submitted that the informant happens to be eyewitness to the occurrence and victim in her statement recorded under Section 164 Cr.P.C. has stated that three accused persons including the petitioner have kidnapped her by pressing her mouth, hence the petitioner does not deserve bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer is rejected.

However, petitioner is directed to surrender before the learned court below within six weeks and learned court below shall pass order in accordance with law considering the facts and circumstances of the case without being prejudiced by this order.

(Prakash Chandra Jaiswal, J) amit/- U T