Ish Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26148 of 2018 Arising Out of PS. Case No.-120 Year-2017 Thana- MASRAKH District- Saran ====================================================== Ish Mohammad, son of Late Mahboob Miyan, resident of village - Chand Kudhariya, P.S.- Mashrakh, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Jeetendra Narayan, Advocate For the Opposite Party/s :

Sri Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-05-2018 Heard Sri Jeetendra Narayan, learned counsel for the petitioner and Sri Bisheshwar Ram, learned Additional Public Prosecutor.

The sole petitioner, who is in custody only since 05.03.2018 in connection with Masharakh P.S. Case No. 120 of 2017 corresponding to G.R. No. 3258 of 2017, registered for the offences under Sections 363, 366(A), 341, 324, 307, 504 & 34 of the Indian Penal Code, 1860, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that in odd hour in the night informant's side had tried to outrage the modesty of the family members of petitioner, and as such, the occurrence had taken place. He further submits that petitioner has falsely been implicated. From the petitioner's side also a complaint case has been filed in the court of learned

Patna High Court Cr.Misc. No.26148 of 2018(2) dt.03-05-2018 2/2 Chief Judicial Magistrate. However, on perusal of the F.I.R. it is evident that there is accusation against the petitioner that he aided other accused persons in kidnapping the niece of the informant for the purpose of marriage. It has also been admitted by learned counsel for the petitioner that till date victim has not been recovered. Besides this, in the F.I.R. there is specific accusation against the petitioner that while the informant went to the petitioner regarding inquiring about his niece he was assaulted and in such assault petitioner gave blow from sword. Considering the nature of accusation, I do not find any ground to pass favourable order.

The prayer for bail stands dismissed.

(Rakesh Kumar, J) praful/- U T