Md. Hadish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7369 of 2020 Arising Out of PS. Case No.-62 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

MD. HADISH Son of Late Md. Halim Resident of Village - Panapur Gorahi, P.S.- Hajipur Sadar, Distt - Vaishali.

2.

Md. Rafique Son of Late Md. Halim Resident of Village - Panapur Gorahi, P.S.- Hajipur Sadar, Distt - Vaishali.

3.

Md. Kasim Ali @ Md. Kasim Son of Md. Ramjani Resident of Village - Panapur Gorahi, P.S.- Hajipur Sadar, Distt - Vaishali. 4.

Md. Sonu Son of Md. Ramjani Resident of Village - Panapur Gorahi, P.S.- Hajipur Sadar, Distt - Vaishali.

5.

Md. Sadique @ Md. Sadik Son of Late Md. Halim Resident of Village - Panapur Gorahi, P.S.- Hajipur Sadar, Distt - Vaishali. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishwajeet Singh, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in this case are seeking anticipatory bail in connection with Hajipur Sadar P.S. Case No. 62 of 2019 registered for the offences punishable under Sections 363, 366A, 504/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case as the victim in her statement recorded under Section 164 Cr.P.C. has only stated that she was taken away by Md. Sahil and she has not attributed anything against the petitioners.

Patna High Court CR. MISC. No.7369 of 2020(2) dt.28-02-2020 2/3 Learned APP has opposed the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that in the statement recorded under Section 164 Cr.P.C. the victim girl has only said that she was taken away by Md. Sahil and no allegation at all has been made against these petitioners, let the petitioners above named in case of their arrest or surrender within a period of four weeks from today in connection with Hajipur P.C. Case No. 62 of 2019 be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police

Patna High Court CR. MISC. No.7369 of 2020(2) dt.28-02-2020 3/3 officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T