Patna High CourtCR. MISC./33726/2015disposed

Sk. Mobarak @ Sk. Mubarak Hussain And ANR v. The State Of Bihar

2015-08-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33726 of 2015 Arising Out of PS.Case No. -55 Year- 2015 Thana -AMDABAD District- KATIHAR ======================================================

1. Sk. Mobarak @ Sk. Mubarak Hussain, son of Sheikh Bhola.

2. Sk. Aashiki @ SK. Ashiki, son of Sheikh Salim. Both resident of villageBelgachhi, Police Station- Amdabad, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratnakar Ambastha For the Opposite Party/s : Mr. Prem Kumar Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-08-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366, 376, 341 and 342 of the Indian Penal Code.

The accusation is of abducting the informant and establishing forceful physical relationship.

It is submitted by learned counsel for the petitioners that for the occurrence of 29.12.2014, the FIR was registered on 13.05.2015 and the victim of her own went in the company of the petitioners whereas at earlier point of time, the victim has admitted that she of her own married with the petitioner no.1. Considering the fact that the victim in her 164 Cr. P.C. statement got her age recorded as 15 years when the court also

Patna High Court Cr.Misc. No.33726 of 2015 (2) dt.17-08-2015 2/2 assessed her age as such where she supported the accusation against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.

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 Amdabad P.S. Case No. 55 of 2015 pending in the court of learned CJM, Katihar. Accordingly, the application is disposed of.

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