Patna High CourtCR. MISC./13508/2016rejected

Md. Sabdul @Sabdul v. The State Of Bihar

2016-04-20Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13508 of 2016 Arising Out of PS.Case No. -234 Year- 2015 Thana -RAJNAGAR District- MADHUBANI ====================================================== Md. Sabdul @ Subdul son of Md. Manir, resident of Village:- Khoir, P.S: Rajnagar, District;- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s : Mrs. Pushpa Sinha No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-04-2016 Heard the parties.

The petitioner apprehends his arrest in a criminal prosecution registered under Sections 363 and 366/34 of the Indian Penal Code.

Taking into consideration the fact that the petitioner is specifically named in the first Information Report vide Annexure1 as an accused and he is alleged to have participated in the commission of crime of abduction and further taking into consideration the fact that in her statement recorded under Section 164 Cr.P.C. which has been brought on record as Annexure-4 by way of a supplementary affidavit, the victim lady Manju Devi has fully supported the prosecution case of her abduction by the accused persons including the petitioner, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. Accordingly, his prayer for anticipatory bail in connection with Rajnagar P.S.Case No. 234 of 2015 pending in the court of Sri S.B.Kumar, Judicial Magistrate, 1st Class, Madhubani is hereby rejected.

However, if the petitioner surrenders in the court

Patna High Court Cr.Misc. No.13508 of 2016 (2) dt.20-04-2016 2/2 below within a period of four weeks from today and applies for regular bail, then the same shall be considered on its own merits without being prejudiced by the present order. (Birendra Prasad Verma, J) Tahir/- U T