Patna High CourtCR. MISC./14206/2018dismissed

Kajim Khan And ORS v. The State Of Bihar

2018-06-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14206 of 2018 Arising Out of PS.Case No. -75 Year- 2017 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kajim Khan Son of Maksun Khan

2. Maksud Khan Son of Late Rajaque Khan

3. Nayema Khatoon Wife of Muksud Khan

4. Sapatun Nesha @ Saptun Nesha Wife of Maksud Khan All resident of Village- Pakariya Pathan Patti, P.S. Darpa, District- East Champaran at Motihari(Bihar).

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2018 Petitioners apprehend their arrest in connection with Darpa P.S.Case No. 75 of 2017 registered for the offences punishable under Sections 363, 366, 379 and 34 of the Indian Penal Code.

Allegation against the petitioners is of abducting wife of the informant.

Submission of learned counsel for the petitioners is that the whole case is false and concocted which will appear from the fact that the victim lady is mother of children and even there is no allegation of having forcibly committed physical relationship and, as such, they have falsely been implicated in this case.

Patna High Court Cr.Misc. No.14206 of 2018 (3) dt.19-06-2018 2/2 Heard learned APP also, who has opposed the prayer for anticipatory bail of the petitioners stating that in her statement under Section 164 Cr.P.C. she has named these petitioners. Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioners. Petitioners to surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U