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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3830 of 2019 Arising Out of PS. Case No.-114 Year-2015 Thana- AMAUR District- Purnia ====================================================== 1.

Mustaque @ MD. MUSTAQUE, Son of Late Ful Mohmmad Resident of Village- Barbatta, P.S.- Amour, Distt.- Purnea. 2.

Ali Mohammad, Son of Late Esha Resident of Village- Barbatta, P.S.- Amour, Distt.- Purnea.

3.

Md. Munna @ Munna @ Abdullah, Son of Ali Mohammad Resident of Village- Barbatta, P.S.- Amour, Distt.- Purnea. 4.

Sikandar Son of Najam @ Lahlu Resident of Village- Barbatta, P.S.- Amour, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Mallick For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-03-2019 This application, for grant of anticipatory bail, arises out of Amour P.S. Case No. 114 of 2015, disclosing offences under Sections 364, 120(B) of the Indian Penal Code. Case in short is the son of the informant, who is residing in Delhi was called by sister of the petitioner no.1, who informed her that somebody has left her in Delhi Railway Station, on which, son of the informant went there and brought sister of petitioner no. 1 to his house and, thereafter, called the petitioner no. 1 on his mobile to come and take his sister, on which, petitioner no. 1 came and asked the son of informant to

Patna High Court CR. MISC. No.3830 of 2019(3) dt.08-03-2019 2/3 also accompany them and thereafter son of the informant went with the petitioner no. 1. Son of the informant informed the informant that he would come to home by 06.04.2015 but when he did not come, informant called the petitioner no. 1 on his phone, then, he informed that his son has gone to his home. Thereafter, the informant went to village Barbatta and asked all the accused persons about his son but none of them gave any satisfactory reply. In the course of enquiry, he came to know that the petitioner and others had suspected that son of the informant has allured the sister of petitioner no. 1 and had taken her to Delhi and due to which, they had hatched a conspiracy and kidnapped the son of informant.

Submission of learned counsel for the petitioners is that out and out false and fabricated case has been lodged and although it is alleged that the son of the informant was with petitioners but the statement of the boy itself shows that no force was used for keeping him.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, 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

Patna High Court CR. MISC. No.3830 of 2019(3) dt.08-03-2019 3/3 Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate - Purnea, in connection with Amour P.S. Case No. 114 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T