Md. Nasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25057 of 2018 Arising Out of PS.Case No. -257 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Md. Nasir, S/o Hamida @ Hamid Alam, Resident of Village- Pothia Pipla, Police Station- Azamnagar, (Salmari O.P.), District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-06-2018 The petitioner is apprehending his arrest in connection with Azamnagar (Salmari O.P.) P.S. Case No. 257/2016, registered for offences punishable under Section 366A and 120B of the Indian Penal Code Allegation against the petitioner is of kidnapping the minor daughter of the informant.

It has been submitted on behalf of the petitioner that though he has been named by the victim girl in her statement under Section 164 Cr.P.C. but specific name of the petitioner has not been mentioned rather it is stated as brother of Sonu, co accused of this case. Moreover, he has no role to play in the kidnapping the daughter of the informant. It has also been submitted that the trial of other accused persons are going on and

Patna High Court Cr.Misc. No.25057 of 2018 (3) dt.25-06-2018 2/2 the victim has not taken the name of the petitioner. Learned counsel for the petitioner opposed the prayer for bail and submitted that the trial of other accused persons are going on, which suggest that the petitioner has been absconding in this case.

Having heard both sides, considering the facts and circumstances of the case and the conduct of the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather this application is disposed of with direction to the petitioner to surrender before the court below and pray for regular and if any such application is filed the court below shall consider the same and shall pass an appropriate order, if possible on same day, without being prejudiced by the order of this Court. (Vinod Kumar Sinha, J) sunil/- U T