Md. Anwarul Mansuri And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31111 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -RIGA District- SITAMARHI ======================================================
1. Md. Anwarul Mansuri, S/o Md. Hanif Mansoori,
2. Md. Rabbani S/o Md. Munif Mansuri, Both Resident of Vill.- Bhawanipur , Ward No. 2, Piprarhi/P.S.- Riga, District- Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Mishra For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-07-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek regular bail in connection with Riga P.S. Case No.30 of 2018 registered for the offences punishable under Sections 363, 366, 120(B) and 34 of the Indian Penal Code.
As per the F.I.R., seven F.I.R. named accused persons kidnapped the daughter of informant.
It has been submitted that the daughter of informant is major. She had love affairs with Md. Sahim Mansuri (not petitioner). She voluntarily left the house and married with coaccused in Delhi and so no offence under Section 363, 366,
Patna High Court Cr.Misc. No.31111 of 2018 (3) dt.09-07-2018 120(B) and 34 of I.P.C. is made out. The petitioners are in custody since 06.02.2018 having clean antecedent and so they deserve bail.
The learned A.P.P. for the State opposed the submission.
It appears that in course of investigation the victim was recovered in Delhi from a house where these petitioners were present and were arrested. She was produced before magistrate for recording statement under section 164 of Cr.P.C. She has supported the case of her kidnapping by these petitioners when she had gone to meet the call of nature. She has stated that these petitioners were planning to sell her.
Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail. Prayer of bail is accordingly rejected.
(Sanjay Kumar, J) Harish/- U