Azad And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27761 of 2015 Arising Out of PS.Case No. -54 Year- 2015 Thana -KOILWAR DistrictBHOJPUR ======================================================
1. Azad Son of Musa Mian
2. Paddu Mian Son of Kurban Mian Both are resident of village - Manikpur, Police Station - Koilwar, District - Bhojpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madan Jeet Kumar For the Opposite Party/s : Mr. Subhash Chandra Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioners and learned A.P.P. representing the State.
Petitioners seek bail in connection with Koilwar P.S. Case No. 54 of 2015 registered for the offences punishable under Section 366(A)/34 of the Indian Penal Code.
Gulfashan aged about 15 years, daughter of the informant went to the market at about 4.30 p.m. on 23.02.2015 but she did not returne and then search was made and the informant came to know that the petitioners have kidnapped her after alluring and then written application was filed on 01.03.2015.
Patna High Court Cr.Misc. No.27761 of 2015 (3) dt.14-10-2015 2/3 Submission is of false implication due to enmity. F.I.R. has been lodged after much delay. Neither the informant nor any witness has seen the petitioners, taking away the victim girl. The petitioners were arrested on 03.03.2015 and since then, they are suffering in custody without any legal and cogent material. Chargesheet has already been submitted and by keeping them in custody, no fruitful purpose is going to be served. Learned A.P.P. after going through the case diary fairly submits that only it has come that the petitioners used to move near the house of the informant and earlier also they have taken away the victim who returned after two days.
In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Bhojpur at Ara arising out of Koilwar P.S. Case No. 54 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners will remain present on each and every date during trial and the default on two consecutive
Patna High Court Cr.Misc. No.27761 of 2015 (3) dt.14-10-2015 3/3 dates on their part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) sushma/- U