Patna High CourtCR. MISC./45540/2017dismissed

Abu Taha v. The State Of Bihar

2017-10-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45540 of 2017 Arising Out of PS.Case No. -43 Year- 2015 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Abu Taha, S/o-Bahab, resident of Sirshi, PS-Chakiliya, District-Uttar Dinajpur (W.B.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha, Advocate For the Opposite Party/s : Mr. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Kishanganj P.S. Case No.43 of 2015 instituted for the offence under Section(s) 363, 366-A/34 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Kishanganj.

It is alleged in the written report that daughter of the Informant aged about 18 years was kidnapped by this petitioner and other accused persons.

Statement of the victim girl was recorded under Section 164 Cr. P. C., wherein, she has stated that she was taken to Patna by this petitioner on the pretext of marrying her. From there he took her to Nasik. He did not perform marriage with her and sold her somewhere and thereafter she was forced for

Patna High Court Cr.Misc. No.45540 of 2017 (3) dt.18-10-2017 2/2 prostitution. One Azimuddin saved her and brought her to Kishanganj. She has also stated in her statement that earlier this petitioner had sold two more girls.

In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law on its own merit preferably on the same day without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T