Patna High CourtCR. MISC./17486/2015disposed

Masir Mian @ Md. Masir Khan And ORS v. The State Of Bihar

2015-05-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17486 of 2015 Arising Out of PS.Case No. -209 Year- 2013 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Masir Mian @ Md. Masir Khan Son of Late Saidul Khan,

2. Aamir Khan, Son of Masir Khan,

3. Samir Khan, Son of Masir Khan,

4. Ilam Khan, Son of Islam Khan, All are resident of village - Dolbajja, P.S. - Forbesganj, District - Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Nawal Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-05-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 363, 366A and 372/34 of the Indian Penal Code.

The accusation is of kidnapping the minor daughter of the informant.

In 161 Cr. P.C. statement, the victim supported the accusation against the petitioners but on conclusion of the investigation, the petitioners were not sent up for trial but differing with the final form, cognizance was taken.

It is submitted by learned counsel for the petitioners that the informant has retracted from her initial version and filed a

Patna High Court Cr.Misc. No.17486 of 2015 (2) dt.15-05-2015 2/2 petition to that effect before the learned court below. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Forbesganj P.S. Case No. 209 of 2013 pending in the court of learned CJM, Araria. Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T