Afroz Alam Shah @ Afroz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24377 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -DURAULI District- SIWAN ======================================================

1. Afroz Alam Shah @ Afroz Alam, Son of Asalam Shah, Resident of Village- Karnpura, Police Station - Darauli, District - Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Bihari Singh For the Opposite Party/s : Mr. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in Darauli P.S.Case No. 41 of 2015 instituted under Section 366A/34 of the Indian Penal Code, pending in the court of learned C.J.M., Siwan. As per the prosecution, the main accusation against the present petitioner is of kidnapping the informant's daughter for the purpose of making marriage with her for making an illicit relationship with her.

On behalf of the petitioner it has been submitted that the petitioner has falsely been implicated in the present case as the victim girl having love affairs with the petitioner had eloped with him.

On behalf of the State, it has been submitted that

Patna High Court Cr.Misc. No.24377 of 2015 (2) dt.16-07-2015 2/2 the victim girl in her statement recorded under Section 164 Cr.P.C. has made serious allegation against the petitioner. Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner and the same is rejected. However, if the petitioner surrenders in the court below within a period of four weeks and pray for regular bail the same shall be considered by the court below on its own merit without being prejudiced by this order of rejection. (Sudhir Singh, J) singh/- U T