Irfan Alam @ Irfan @ Achhey v. The State Of Bihar

Patna High Court Cr.Misc. No.20417 of 2016 (4) dt.05-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20417 of 2016 Arising Out of PS.Case No. -512 Year- 2015 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Irfan Alam @ Irfan @ Achhey, son of Late Md. Abdullah Resident of village- Fatahan, P.S. Gopalganj (Town) District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Ramakant Sharma,Sr. Adv Mr. Md. Anisur Rahman For the State : A.P.P. For the Informant : Mr. Rajendra Sah ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-08-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 363 and 366 of the Indian Penal Code. The brief fact, as alleged in the FIR, is that on 17.12.2015 at 6 a.m., the minor daughter of informant Abdullah, namely, Noor Sabba, who is a student of Class-X , had gone to coaching. At about 9.00 a.m. he received a phone call on his mobile no. 9708929261 from mobile no. 7631036665 to the effect that his daughter was kidnapped by the phone caller, who demanded Rs. 20 lacs as ransom.

It is submitted on behalf of the petitioner that the petitioner is in custody since 23.02.2016. Charge-sheet has already

Patna High Court Cr.Misc. No.20417 of 2016 (4) dt.05-08-2016 been submitted in this case for offence under Section 376 of the Indian Penal Code also. The petitioner has got no criminal antecedent. Medical Examination Report (Annexure 3) do not support the prosecution case. Apart from that, independent enquiry was made in respect to the same incident by A.S.I on the direction of S.D.P.O., Sadar, Gopalganj where altogether different fact has been narrated. The said enquiry is Annexure-3 to the supplementary affidavit.

On behalf of the State and the informant it is submitted that the petitioner is not named in the FIR and the name of the petitioner has come in course of investigation. In the facts and circumstances of the case, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to thee satisfaction of learned C.J.M., Gopalganj in Gopalganj (Town) P.S.Case No. 512 of 2015.

(Sudhir Singh, J) singh/- U T