Md. Ashfaque Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74434 of 2019 Arising Out of PS. Case No.-185 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== MD. ASHFAQUE AHMAD Son of Md. Saud Ahmad Resident of Village - Piprahi, P.S.- Ladaniya, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2020 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Laukaha (Lalmaniya) P.S.Case No.185 of 2019 dated 7.7.2019, registered for offences punishable under Sections 363 and 366(A) of the Indian Penal Code.
As per FIR, petitioner is said to have kidnapped the minor daughter of the informant.
Submission of the learned counsel for the petitioner is that there is delay in lodging the FIR and the statement of the girl does not disclose anything else against this petitioner. Heard learned A.P.P. , who has opposed the prayer for bail stating that statement of victim girl supports the allegation and the girl is minor.
Having heard both sides and considering the
Patna High Court CR. MISC. No.74434 of 2019(2) dt.17-01-2020 2/2 submissions as made above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, if he surrenders and pray for regular bail, the same shall be considered by the learned court below on its own merit without being prejudiced by the order of this Court.
With the aforesaid direction, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U