Md. Alauddin @ Alauddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3883 of 2019 Arising Out of PS. Case No.-491 Year-2017 Thana- FORBESGANJ District- Araria ======================================================

1. Md. Alauddin @ Alauddin (M) aged about 55 years S/o Late Ghutru @ Late Ghutru Mian

2. Md. Tanveer (M) 26 years, S/o Alauddin @ Md. Alauddin

3. Md. Abrar @ Md. Abrar Alam (M) 22 years S/o Alauddin @ Md. Alauddin

4. Md. Anwar @ Md. Anwar Alam (M) 23 years S/o Alauddin @ Md. Alauddin, all residents of Village- Ghoraghat, P.S. Forbeshganj, District Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 363, 365/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioners took away the son of the informant on assurance of providing him livelihood and in consequence thereof, on querry, the petitioners did not reply about whereabout his son. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to

Patna High Court Cr.Misc. No.3883 of 2019(2) dt.29-01-2019 2/2 mistake of fact. The allegations made in the F.I.R. has been denied by the informant. Vide Annexure-2 to the present application, a petition has been made by the informant in the court below, where he has retracted from his earlier statement. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Forbesganj P.S. case No.491 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T