Md. Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41318 of 2015 Arising Out of PS.Case No. -200 Year- 2009 Thana -BAHADURPUR District- DARBHANGA ====================================================== Md. Abbas son of Md. Sultan, resident of Village- Gauraghat, Police Station- Sadar and District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Bahadurpur P.S. Case No. 200 of 2009 registered for the offences punishable under Sections 302, 363, 364 and 201/34 of the Indian Penal Code. Initially, Complaint Case No. 754 of 2009 was filed against the petitioner, which was later on registered as Bahadurpur P.S. Case No. 200 of 2009.

The prosecution case, in brief, is that the accused persons, who are relative of the informant, had taken away the son of the informant to Mumbai two years ago on the pretext of providing job, but the son of the informant did not return till date. Informant further alleged that accused persons have killed his son

Patna High Court Cr.Misc. No.41318 of 2015 (3) dt.27-01-2016 2/2 to grab his money.

It has been submitted by the counsel for the petitioner that petitioner is innocent and has committed no offence, but from various paragraphs of the case diary, it appears that the informant's son had gone to Mumbai along with petitioner and other accused persons, who are relatives of the informant. It has come in paragraphs 40, 41 and 42 of the case diary that the informant's son was working with the petitioner and others and all of a sudden, he disappeared from the place of work. Son of the informant is still traceless.

Under such circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. This application is, accordingly, rejected.

(Nilu Agrawal, J.) Arjun/- U T