Md. Mofiz @ Md. Mofiz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58209 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- BALIGAON District- Vaishali ====================================================== MD. MOFIZ @ MD. MOFIZ ALAM Son of Md. Maksud Resident of Village- Akhtiyarpur Doghra, P.S.-Baligaon, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmesh Kumar For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 Petitioner seeks bail in connection with Baligaon P.S. Case No. 42 of 2019 registered for the offences punishable under Sections 363, 365 and 366A/34 of the Indian Penal Code. As per FIR there is allegation against the petitioner of kidnapping of minor daughter of the informant. Submission of learned counsel for the petitioner is that though it appears from the FIR that she was recovered by Railway Police but no FIR was registered by Railway Police but after recovery of the girl the present case has been filed. It is further submitted that statement of the victim recorded under Section 164 Cr.P.C. shows that she was recovered by the police and handed over to the informant and she has named two persons, including one driver Mister, who has been granted anticipatory bail by a co-ordinate Bench of this Court by order
Patna High Court CR. MISC. No.58209 of 2019(3) dt.08-01-2020 2/2 dated 13.9.2019 passed in Cr.Misc.No. 57975 of 2019. Heard learned APP, who has opposed the prayer for bail on the ground that petitioner is the main accused and witnesses have also supported the prosecution case during investigation and moreover the girl is minor. In view of above facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. However, once charge has been framed against the petitioner and other accused persons, petitioner is at liberty to renew his prayer for bail.
This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J) spal/- U T