Patna High CourtCR. MISC./10745/2016rejected

Md. Guddu v. The State Of Bihar

2016-07-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10745 of 2016 Arising Out of PS.Case No. -363 Year- 2014 Thana -NANHPUR District- SITAMARHI ====================================================== Md. Guddu @ Badre Alam, Son of Md. Israiel, Resident of VillageShaneli, P.S. Benipetti, District- Madhubani, At present residing at Medina Chawl, P.S.- Dharavi, District- Mumbai.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pritish Kumar Lal, Advocate.

For the Opposite Party : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2016 Heard both sides.

The petitioner apprehends his arrest in Nanpur P.S. Case No. 363 of 2014 registered for the offences punishable under Sections 363, 364, 372 and 34 of the Indian Penal Code. The informant alleged that Abdul Sammad and his sonin-law the petitioner Md. Guddu @ Badre Alam took her minor son on the pretext of giving employment, but her minor son did not return.

Shri P.K. Lal the learned counsel for the petitioner submits that during course of investigation, witnesses in para-6 have stated that only Abdul Sammad went to the house of the informant. The petitioner never visited the house of the informant. The petitioner had filed a petition in Dharavi police station Thane

Patna High Court Cr.Misc. No.10745 of 2016 (6) dt.01-07-2016 2/2 stating that the boy is missing. The police is investigating the case. It appears that the informant has very specifically alleged that the petitioner and his father-in-law took the minor son of the informant and the petitioner has also admitted this fact that the minor son of the informant was working with him, but he became traceless. The case is still under investigation and the boy is missing.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail in Nanpur P.S. Case No. 363 of 2014, pending in the court of the SubDivisional Judicial Magistrate, Sitamarhi. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T