Md. Taiyab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82089 of 2019 Arising Out of PS. Case No.-323 Year-2016 Thana- AAJAM NAGAR District- Katihar ====================================================== 1.
MD. TAIYAB Son of Late Zuddin Resident of Village - Joker, P.S. - Azamnagar, District - Katihar.
2.
Md. Rabbul Son of Late Zuddin Resident of Village - Joker, P.S. - Azamnagar, District - Katihar.
3.
Md. Kaiyo Son of Late Zuddin Resident of Village - Joker, P.S. - Azamnagar, District - Katihar.
4.
Md. Jufrez @ Jufrez Son of Late Zuddin Resident of Village - Joker, P.S. - Azamnagar, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Musowir For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-12-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Azamnagar P.S. Case No. 323 of 2016 for the offence registered under Sections 147, 148, 149, 366(A) and 364 of the Indian Penal Code.
The case of the prosecution in brief is that in the night of 17.09.2016, the accused persons including the petitioners herein, armed variously, entered into the house of the informant and had assaulted her whereafter they are said to have kidnapped the minor daughter of the informant aged about 11
Patna High Court CR. MISC. No.82089 of 2019(2) dt.18-12-2019 2/2 years.
The learned counsel for the petitioners has submitted that the petitioners are innocent and they have been falsely implicated in the present case and in fact the matter has been settled in between the parties, hence the petitioners are liable to be granted the privilege of anticipatory bail. I have heard the learned counsel for the petitioners and it is apparent from the records/complaint petition/FIR that the petitioners have been alleged to have have actively participated in kidnapping the minor daughter of the informant and the impugned order dated 25.10.2019 passed by the learned Sessions Judge, Katihar would show that the witnesses, during investigation by the Police, have also supported the allegation of kidnapping levelled against the petitioners herein. Thus, this Court finds that at least no case is made out for grant of anticipatory bail to the petitioners, hence the present petition stands dismissed.
(Mohit Kumar Shah, J) S.Sb/- U T