Patna High CourtCR. MISC./8585/2021dismissed

Md Nasim v. The State Of Bihar

2022-01-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8585 of 2021 Arising Out of PS. Case No.-498 Year-2020 Thana- MAHUA District- Vaishali ====================================================== 1.

MD NASIM SON OF MD. HAMID VILLAGE - HASSANPUR BHADWAS, P.S - MAHUA , DIST - VAILSHALI AT HAJIPUR 2.

MD. SHAMIM S/O - MD. HAMID R/O VILL - NAYKA BARKA BAIJU TOLA, RIVILGANJ , DIST - SARAN 3.

MD. WASHIM SON OF MD. SHAMIM R/O VILL - NAYKA BARKA BAIJU TOLA, RIVILGANJ , DIST - SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2022 Heard the parties through virtual court proceedings. The petitioners apprehend their arrest in connection with Mahua P.S. Case No.498/2020, registered u/s 366 (A) of the Indian Penal Code.

The allegation against the petitioners is of kidnapping the daughter of the informant.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence, in the manner alleged has ever taken place. Petitioners have been falsely implicated in this case due to dirty village politics. Petitioners have not kidnapped the girl and there

Patna High Court CR. MISC. No.8585 of 2021(4) dt.17-01-2022 2/2 is no eye-witness to the alleged occurrence. The informant's daughter is a major girl and is the student of B.A. Part- I and fled away on her own. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is a direct allegation against the petitioners of kidnapping the informant's daughter and of killing her. It is submitted that the victim girl has not been traced out.

Having heard the submissions of the parties, I am not inclined to grant the privilege of anticipatory bail to the petitioners named above. The prayer for anticipatory bail is rejected.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T