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Patna High CourtCR. MISC./12379/2015rejected

Md. Mustaque @ Munna v. The State Of Bihar

2015-05-27Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12379 of 2015 Arising Out of PS.Case No. -111 Year- 2012 Thana -PUSA District- SAMASTIPUR ======================================================

1. Md. Mustaque @ Munna S/o Md. Rafique @ Md. Shafique, Resident of Village - Thahra Gopalpur, P.S. Pusa, District - Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-05-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is custody since 07.01.2015 in connection with Pusa P.S. Case No. 111 of 2012 registered for the offences punishable under Sections 366/498 of the Indian Penal Code. Learned counsel for the petitioner submits that the entire allegations against the petitioner are vague. Even the statement of the mother-in-law of the victim that the petitioner had taken away the victim girl in question and her two children to meet the complainant in jail has been contradicted by her stating that the victim girl had gone to her Naiher. Learned counsel further states that after perusal of the case diary, till date the victim girl in question has not been recovered nor she has been found at her

Patna High Court Cr.Misc. No.12379 of 2015 (3) dt.27-05-2015 P2/2 Naiher.

Considering the fact that the victim girl has not been yet recovered, I am not inclined to grant bail. It is accordingly rejected.

(Anjana Mishra, J) Saif/- U T