Sadam Miyan @ Sadam Hussain @ Sadam Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55852 of 2019 Arising Out of PS. Case No.-266 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Sadam Miyan @ Sadam Hussain @ Sadam Ahmad, S/o Jabbar Ahamad @ Jabbar @ Jawar kha @ Jabbar Miyan R/o village- Dadwa Ward No. 3, Mohania, P.S.- Mohania, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mohania P.S. Case no. 266 of 2019, registered under Sections 341, 342, 366, 366(A) and 376/34 of the Indian Penal Code.

The accusation is that due to death of wife of informant/complainant Dharmdeo Prasad Chourasia, his minor daughter Shiwani Kumari used to talk with Sadab Miyan. On 16.04.2019 while informant was in his house and his daughter moved from his house to throw garbage then petitioner and his brother Sadab and others kidnapped his daughter boarding on the motorcycle for the purpose of marriage and conversion of

Patna High Court CR. MISC. No.55852 of 2019(2) dt.03-09-2019 2/2 religion. At that time, on hulla, the complainant and others came out of the house then saw Saddam was driving the motorcycle and Saddab was holding his daughter. Thereafter, complainant informed the Police, but no action was taken by the Police.

Learned counsel for the petitioner submits that petitioner is brother of Saddam, who took away due to that reason petitioner has falsely been implicated in this case. Further submission is that while occurrence is of 16.04.2019, but the present F.I.R. lodged on 13.06.2019.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T