Md. Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40659 of 2018 Arising Out of PS.Case No. -388 Year- 2017 Thana -BANKA District- BANKA ======================================================

1. Md. Nasim S/o Late Md. Natu Miyan, Residents of Aliganj, P.S.- Banka, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 The petitioner is apprehending his arrest in connection with Banka P.S. Case No. 388/2017, registered for offences punishable under Sections 366A and 370A of the Indian Penal Code.

Allegation against the petitioner and other accused persons is that they took away the informant and her daughter with themselves and sold the daughter of informant to some other person, who married her.

Submission of learned counsel for the petitioner is that the girl in her statement recorded under Section 164 of Cr.P.C disclosed that she is living with her husband for a period of one and half years and in spite of that no complaint has been lodged and so far this petitioner is concerned, there is no specific

Patna High Court Cr.Misc. No.40659 of 2018 (3) dt.07-08-2018 2/2 allegation has been attributed against him.

Heard learned A.P.P. also who opposed the prayer for anticipatory bail of the petitioner.

Having heard both sides, in view of the statement of the victim girl recorded under Section 164 Cr.P.C as well as the allegations made in the F.I.R, I am not inclined to grant privilege of anticipatory bail to the petitioner rather he should surrender before the court below and pray for regular bail, which would be considered on its own merit.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T