Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT

PATNA Criminal Miscellaneous No.48119 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -DHURAIYA District- BANKA ======================================================

1. Md. Saddam Son of Md. Majharul @ Md. Majrul, Resident of villageBhagondha, P.S.- Dhankund (Dhoraiya), District- Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Dhoraiya (Dhankund) P.S. Case No. 41 of 2015 registered for the offence punishable under Sections 366A/34 of the Indian Penal Code.

Allegedly, Bibi Amna Khatoon aged about 14 years, the daughter of the informant, was kidnapped and the children of the locality informed the informant that the petitioner handed over the victim girl to Sonu Rajak. Submission is of false implication and that

during investigation the children have not been examined and due to some dispute the name of the petitioner has been added, it has come during investigation that victim girl used to talk with co-accused Sonu Rajak and that Sonu Rajak is absconding, whereas the petitioner is suffering in custody since 06.05.2015 having no criminal antecedent and as such he deserves sympathetic consideration to which learned A.P.P. opposes. In the facts and circumstances stated above, considering the period of detention of the petitioner and further the charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence, and as such the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Banka, arising out of Dhoraiya (Dhankund) P.S. Case No. 41 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 petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) khushbu/- U T