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Patna High CourtCR. MISC./6224/2019bail granted

Mojibul Sheikh And ANR v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6224 of 2019 Arising Out of PS. Case No.-200 Year-2018 Thana- BATHNAHA District- Sitamarhi ======================================================

1. Mojibul Sheikh son of Nasib Sheikh, aged about 42 years (Male).

2. Isteyaque Sheikh @ Istiyak Shaikh @ Md. Isteyaque Ahmad, son of Mojibul Sheikh, aged about 40 years (Male).

Both are resident of Village- Mobarakpur, P.S.- Bathnaha, District Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-02-2019 This is an application for grant of anticipatory bail in connection with Bathnaha P.S. Case No. 200 of 2018, disclosing offences under Sections 363, 366A, 34 of the Indian Penal Code.

Allegation against the petitioners and other accused persons is of kidnapping the minor daughter of the informant. Submission of learned counsel for the petitioners is that the petitioners have falsely been implicated in this case and the statement of girl recorded under Section 164 Cr.P.C. clearly falsify the prosecution case.

Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioners stating that the girl is minor. Having heard both sides, considering the above

Patna High Court Cr.Misc. No.6224 of 2019(2) dt.04-02-2019 2/2 submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, District Sitamarhi, in connection with Bathnaha P.S. Case No. 200 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

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