Md. Akbar Ali v. The State Of Bihar

Patna High Court Cr.Misc. No.36975 of 2013 (2) dt.24-12-2013

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36975 of 2013 ====================================================== Md. Akbar Ali son of Jaju Ali, resident of village Lohagara, P.S. Korhobari, Distric Kishangaj .... .... Petitioner/s

Versus

The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 24-12-2013 Heard counsel for the petitioner and State.

The petitioner apprehends his arrest in a case under sections 363, 366A and 372/34 of the Penal Code. It is alleged by the informant that the accused persons including the petitioner forcibly took away her minor daughter by tempo.

Learned counsel for the petitioner submits that it is a case of love affairs and in fact the daughter of the informant went on her own free will. In support of his submission, the petitioner has referred to the supervision note contained in Annexure-2. He further submits hat no weightage could be given to the statement of victim girl recorded under section 164 Cr.P.C. as it has been recorded after 21 days of the occurrence although she returned after two days of the occurrence.

Patna High Court Cr.Misc. No.36975 of 2013 (2) dt.24-12-2013 This may be a good ground for regular bail.

Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. It is accordingly rejected. However, if the petitioner files a regular bail application, the same would be disposed of on the same day without prejudice.

(Samarendra Pratap Singh, J) KHAN/-