Hasan @ Hasan Reja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45666 of 2019 Arising Out of PS. Case No.-244 Year-2016 Thana- PALASI District- Araria ====================================================== HASAN @ HASAN REJA Son of Sakir Resident of Village-Musaldenga, Police Station-Bahadurganj, District-Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2019 Heard both sides.

The petitioner apprehends his arrest in Palasi P.S. case No. 244 of 2016 registered under Section 363A of the IPC. The informant named seven persons and alleged that they all kidnapped his minor son, Chand Alam, aged about 11 years.

The learned counsel for the petitioner submits that petitioner is not named in the FIR but the victim, who returned on the next day of the occurrence, made his statement u/s 164 of the Cr. P. C and disclosed that after kidnapping he was kept confined in the house of the petitioner. It is submitted that now good sense has prevailed and the case is compromised. The informant filed compromise petition in the court below but it appears that non-else than the victim, who is aged about 11

Patna High Court CR. MISC. No.45666 of 2019(3) dt.30-09-2019 2/2 years, disclosed in his statement u/s 164 of the Cr. P. C that after kidnapping he was kept confined in the house of the petitioner. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T