Patna High CourtCR. MISC./2701/2019bail granted

Md. Sajid And ORS v. The State Of Bihar

2019-02-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2701 of 2019 Arising Out of PS. Case No.-770 Year-2018 Thana- FORBESGANJ District- Araria ======================================================

1. MD. SAJID and ORS Late Abid Anwar Vill-Pothia, P.S-Simraha,Distt.- Araria.

2. Md. Saquib Late Abid Anwar Vill-Pothia, P.S-Simraha,Distt.-Araria.

3. Md. Majid Late Abid Anwar Vill-Pothia, P.S-Simraha,Distt.-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Sangita Sharma(App58) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-02-2019 Heard the parties.

The petitioners seek anticipatory bail in connection with Forbesganj P.S. Case No. 770 of 2018 (G.R. No. 3236 of 2018, registered for offences punishable under Sections 363 and 366 (a)/34 447, 147, 148, 149, 354, 307, 323, 120 (B)/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is that the petitioners and other co-accused persons is of kidnapping the daughter of the informant and he came to know that she was forcibly taken away by one Md. Barik with the help of one unknown person.

Submission of the learned counsel for the petitioner is that the allegation against the petitioner is not of kidnapping

Patna High Court Cr.Misc. No.2701 of 2019(3) dt.04-02-2019 2/2 rather the petitioners have falsely been implicated in this case due to village politics and no specific allegation has ben attributed against the petitioners and the petitioners have no criminal antecedents.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand)each with two sureties of the like amount each in connection with Forbesganj P.S.Case No. 770 of 2018, G.R. No. 3236 of 2018, to the satisfaction of learned Chief Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) sudha/- U T