Md. Samir v. The State Of Bihar

Patna High Court Cr.Misc. No.41194 of 2015 (3) dt.30-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41194 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Md. Samir, S/o Saukat Ali, R/o Village- Bara Shankar, P.S.- Patahi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State as also learned counsel for the informant. The petitioner seeks bail in Kundwa Chainpur P.S. Case No.13/2015 registered under Sections 366 and 495 of the Indian Penal Code.

It is alleged that the daughter of the informant was kidnapped for the purpose of marriage. The informant made a search but did not find her. When he along with his brother reached at Ghorasahan Bus Stand, her daughter along with the petitioner was found moving there. Thereafter, he made information to the police station.

It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He is in custody since

Patna High Court Cr.Misc. No.41194 of 2015 (3) dt.30-10-2015 27.3.2015. The charge sheet has been submitted in this case. There is no allegation of tampering with the evidence against the petitioner. The abduction is said to have taken place for the purpose of marriage. There was a long love affair going on between the petitioner and the victim, though after her recovery she has denied the same. It is further submitted that the petitioner may be released on bail after completion of nine months from the date of custody, i.e., 27.03.2015.

On behalf of the State and the informant, it has been submitted that the petitioner is named in the first information report.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail after completion of nine months from the date of custody, i.e. 27.03.2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Sikrahana at East Champaran, Motihari in connection with Kundwa Chainpur P.S. Case No.13/2015, Tr. No.6722/2015. V.P.Sinha/- (Sudhir Singh, J) U