Tanbir @ Kalua @ Tansir Alam @ Tansir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77352 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- DIGHALBANK District- Kishanganj ====================================================== TANBIR @ KALUA @ TANSIR ALAM @ TANSIR Son of Late Riyajul Resident of Village- Baluadangi, Kudheli, P.S.- Terhagachh, DistrictKishanganj. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar, Adv.
For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Dighalbank P.S. Case No. 43 of 2019 instituted for the offences under Sections 366/34 of the Indian Penal Code.
The accusation against the petitioner and others is of abducting/kidnapping the informant's daughter. The victim girl has come back and has given her statement under Section 164 Cr.P.C. in which she has disclosed that she was taken to different destinations and was subjected to sexual misdemeanor by the petitioner and another.
Patna High Court CR. MISC. No.77352 of 2019(4) dt.06-12-2021 2/2 The learned counsel for the petitioner has submitted that the victim had gone along with the petitioner of her own volition and that it should be taken into account that she is a major and only because she has come back home, her statement under Section 164 Cr.P.C. ought not to be believed in its entirety without any caveat. However, regard being had to the nature of accusation against the petitioner and the statement of the victim girl, I am not inclined to grant anticipatory bail to the petitioner.
The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the Court below and seeks bail, that petition shall be considered on its own merits without being prejudiced by the fact that the present petition on his behalf has not been entertained. (Ashutosh Kumar, J) sunilkumar/- U T