Md. Shakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67600 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== 1.

MD. SHAKIL, aged about 31 years, Male, Son of Tamizuddin, Resident of Village - Samesher, Ward No.11, P.S.- Bahadurganj, Dist.- Kishanganj 2.

Naiyar @ Naiyar Alam, aged about 30 years, Male, Son of Lateful Rahman, Resident of Village - Samesher, Ward No.11, P.S.- Bahadurganj, Dist.- Kishanganj ... Petitioners

Versus

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

For the Petitioners :

Mr. Vijay Kumar, Adv.

For the Opposite Party :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Bahadurganj P.S. Case No. 108 of 2019, pending in the Court of the Chief Judicial Magistrate, Kishanganj, for the offence alleged under Sections 366A, 384, 506 and 34 of the Indian Penal Code.

The accusation is of kidnapping of daughter of the informant forcibly from the door of the informant boarding her on the motorcycle.

The learned counsel for the petitioners submits that while the victim-daughter of the informant supported the allegation as given in the first information report in her

Patna High Court CR. MISC. No.67600 of 2019(2) dt.15-11-2019 2/2 statement recorded under Section 164 of the Criminal Procedure Code, but, in fact, victim was married and left her parental house, according to her sweat will and perform marriage with petitioner no. 2.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioners. The prayer for pre-arrest bail is rejected. The petitioners are directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T