Mithu Mian @ Md. Nayeem @ Mohammad Naim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75677 of 2019 Arising Out of PS. Case No.-38 Year-2018 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== MITHU MIAN @ MD. NAYEEM @ MOHAMMAD NAIM Son of Hifajat Miyan Resident of Village-Saraiya, P.S-Majhauliya, District-West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 This application, for grant of anticipatory bail, arises out of Sagauli P.S. Case No. 38 of 2018, disclosing offences under Sections 386, 420, 323/34 of the Indian Penal Code.

Allegation as per F.I.R. is that a girl called the informant, on which, informant went there and the girl took him to a secluded place by Bolero Vehicle with the help of her associates, and on threat that he was trying to have forcible relationship, snatched away mobile phone and other articles. It further appears that later on, the informant again went there and saw the girl and brought her to Sagauli Railway Police Station, where the girl disclosed the name of petitioner as one of her associates.

Patna High Court CR. MISC. No.75677 of 2019(3) dt.20-01-2020 2/2 Submission of learned counsel for the petitioner is hat he has been made accused in this case only on the confession of co-accused and except that there is nothing against the petitioner. Further submission is that he has no criminal antecedent and has falsely been implicated in this case. Learned counsel for the State opposed the prayer for anticipatory bail.

Having heard both sides, considering the facts and circumstances of the case and the nature of accusation, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner has to 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