Md. Rafik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14966 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- MANSAHI District- Katihar ====================================================== MD. RAFIK Son of Abdul Jabbar @ Md. Jabbar Resident of Village - Kasthawar, P.S.- Mansahi, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in connection with Mansahi P.S. case No.88/2020 registered under Sections 385, 387 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons including the petitioner demanded ransom of Rs.5 lacs from the

Patna High Court CR. MISC. No.14966 of 2021(2) dt.14-02-2022 2/3 informant and also threatened to kill him.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Prior to institution of the present case, a case was instituted by the petitioner against the informant vide Annexure 2 to the present application. The present case is nothing but a counter blast to the earlier case instituted by the petitioner against the informant. The alleged date of occurrence is 14.09.2020 and the case was instituted on 21.09.2020. Delay has not been explained on the part of the prosecution, which creates doubt on the entire prosecution itself.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Patna High Court CR. MISC. No.14966 of 2021(2) dt.14-02-2022 3/3 Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned A.C.J.M. VI, Katihar in connection with Mansahi P.S. case No.88/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T