Saif Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77938 of 2018 Arising Out of PS. Case No.-268 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ====================================================== Saif Khan S/o Rahman Khan R/o Bhualpur, P.S.- Chainpur, District- Kaimur . ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pratyush Kumar For the Opposite Party/s :
Mr.Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 This application, for grant of anticipatory bail, arises out of Bhabhua P.S. Case No. 268/2018, disclosing offences under Sections 366(A), 34 of the Indian Penal Code. Allegation against the petitioner and other accused persons is of kidnapping the minor daughter of the informant. Submission of learned counsel for the petitioner that out and out false and fabricated allegation has been levelled against the petitioner and whole family members have been made accused by the informant. Further submission is that even the girl in her statement under Section 164 Cr.P.C. has not named the petitioner though she has supported the allegation of her kidnapping.
Learned counsels for the State and informant opposed the prayer for bail and submitted that petitioner is named in the
Patna High Court Cr.Misc. No.77938 of 2018(2) dt.03-01-2019 2/2 F.I.R and further the girl is minor.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.
This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T