Md. Shafique And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32769 of 2015 Arising Out of PS.Case No. -197 Year- 2014 Thana -BARSOI District- KATIHAR ======================================================

1. Md. Shafique S/o Late Jammu

2. Md. Pathlu S/o Late Ali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Najmul Hoda and Md. Qumrul Hoda, Advocates For the Opposite Party/s : Mr. Rajendra Pd.Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-08-2015 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 and 366A/34 of the Indian Penal Code.

Accusation is of kidnapping the minor daughter of the informant. In 164 Cr.P.C. statement the victim has stated that these two petitioners and Md. Soyeb abducted her by intoxicating and they ravished her.

It is submitted by learned counsel for the petitioner that Md. Soyeb is son of petitioner no.1, hence, the accusation is unreasonable. The trial of co-accused Md. Soyeb has already concluded and the informant has retracted from initial version. The aforesaid facts constitute good ground for

Patna High Court Cr.Misc. No.32769 of 2015 (2) dt.11-08-2015 2/2 consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Barsaoi P.S. Case No.197 of 2014, pending before the learned Chief Judicial Magistrate, Katihar.

With the above observation, this application is, accordingly, disposed off.

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