Patna High CourtCR. MISC./48988/2017rejected

Md. Danish Alam @ Sethji v. The State Of Bihar

2017-12-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48988 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -GARMDAGA District- KISANGANJ ====================================================== Md. Danish Alam @ Sethji S/o Rakimuddin, R/o Village- Kamati, P.S.- Garbhandanga, District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-12-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Garbhandanga P.S. Case No. 16 of 2017 for the offences punishable under sections 366 and 363/34 of the I.P.C.

Allegedly, Shahin Praveen, the sister-in-law of the informant was kidnapped by the petitioner and others. During investigation the statement of the victim girl was recorded under section 164 of the Cr.P.C wherein she has named the petitioner that she was kidnapped and taken away in the Magic vehicle which was being driven by the petitioner.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.48988 of 2017 (4) dt.12-12-2017 2/2 statement of the victim girl appears not reliable as after the occurrence she went away at the house of her Fufa where she lived for ten days and then she narrated about the occurrence and then her father was informed, due to land dispute the petitioner has been implicated and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances stated above, considering that the petitioner is named in the statement of the victim girl recorded under section 164 of the Cr.P.c as one of the kidnappers and as such I am not inclined to grant privilege of prearrest bail to the petitioner and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. Kishanganj.

(Jitendra Mohan Sharma, J) Abhay/- U T