Patna High CourtCR. MISC./20169/2017rejected

Md. Shahid Ali @ Md. Shahid v. The State Of Bihar

2017-07-12Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20169 of 2017 Arising Out of PS.Case No. -950 Year- 2016 Thana -BANKA District- BANKA ====================================================== Md. Shahid Ali @ Md. Shahid Son of Md. Shahjahan, Resident of VillageHabibpur, Mohalla Mohbali Chak, P.S. Habibpur, District Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Kuddus Ali, son of Md. Sami Ali, Resident of Village Laxmipur, P.S. and Dist. Banka.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vaidehi Raman Prasad Singh For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Banka P.S. Case No. 950 of 2016 registered for offences under sections 364/34 of the Indian Penal Code. An allegation has been made that some unknown persons lifted the girl. In the statement under Section 164 of the Cr.P.C., the girl has stated that the petitioner and others have lifted her, took her to Bhagalpur where she was kept in confinement and, later on, she was dropped at Samukhia More in the night and she could saved herself by taking shelter in the cane field. Learned counsel for the petitioner submits that the matter has been settled and compromise petition has been filed.

Patna High Court Cr.Misc. No.20169 of 2017 (4) dt.12-07-2017 The offence is not compoundable and the offence alleged is serious in nature. In that view of the matter, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, namely, Md. Shahid Ali @ Md. Shahid is rejected. If the petitioner surrenders before the court below within a period of four weeks from today, the court below will consider his prayer for bail and pass orders in accordance with law on the same day of surrender itself without being prejudiced by this order.

(Shivaji Pandey, J) Rishi/- U T