Patna High CourtCR. MISC./59708/2019dismissed

Manzer Khan @ Manzar Khan v. The State Of Bihar

2019-09-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59708 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- PUWAKHALI District- Kishanganj ====================================================== MANZER KHAN @ MANZAR KHAN Son of Afzal Khan Resident of Village - Petbhari, P.S.- Powakhali, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Powakhali P.S.Case no.39 of 2019 registered for offences punishable under Sections 363, 366, 366(A), 120B/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that there was love affair between the petitioner and the daughter of the informant and the petitioner and other accused persons have been falsely implicated in this case. Heard learned A.P.P. and perused the impugned order, from which it appears that in her statement recorded under Section1 64 Cr.PC., the victim girl has also named this

Patna High Court CR. MISC. No.59708 of 2019(2) dt.23-09-2019 2/2 petitioner and stated that petitioner and other accused persons have committed rape upon her..

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U