Arshi @ Nuzhat Parween v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39952 of 2014 Arising Out of PS.Case No. -114 Year- 2014 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Arshi @ Nuzhat Parween D/o Anwarul Haque @Anwar Resident of Village- Birdipur, P.S. Simri Distruct- Darbhanga .... Petitioner

Versus

1. The State of Bihar .... Opposite Part ====================================================== Appearance :

For the Petitioner : Mr. Anjani Kumar Sinha, Adv. For the Opposite Party : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 21-04-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory for offence under Section 366A/34 of the Penal Code.

In view of the statement of the victim under Section 164 of the Criminal Procedure Code that this petitioner was instrumental in kidnapping her and her age has been assessed as sixteen years, as per the school leaving certificate, i.e., below eighteen years, hence, I am not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail is rejected.

However, if the petitioner surrenders and prays for regular bail, then, that may be considered on it's own merit without being prejudiced of this order.

(Gopal Prasad, J) SA/- U √ T √