Md. Nausad @ Nausad v. The State Of Bihar

Patna High Court Cr.Misc. No.56074 of 2015 (3) dt.13-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56074 of 2015 Arising Out of PS.Case No. -74 Year- 2015 Thana -MARKAHI District- KHAGARIA ====================================================== Md. Nausad @ Nausad, Son of Fazal Karim, Resident of Village- Marar, Police Station -Morkahi, District khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Mojibur Rahman, Advocate. For the Opposite Party/s : Mr. Smt. Gulnar Begam(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Morkahi P.S. Case No. 74 of 2015 registered under Sections 363, 364 and 120B of the Indian Penal Code.

The allegation of informant, Sk. Jahan, is that her son, aged about 8 years, had gone to school along with his sister Ishika. In course of returning to the school, her son was kidnapped by some mistreatments using the Victa Sumo vehicle. The informant raised suspicion against the petitioner and two others for kidnapping of her son.

Learned counsel for the petitioner submits that in course of investigation, police apprehended the five persons along

Patna High Court Cr.Misc. No.56074 of 2015 (3) dt.13-01-2016 with victim, Sk. Aiyan, regarding which, Parbatta P.S. Case No. 283 of 2015 lodged against the five persons but the petitioner was not made accused. It is further submitted that co-accused, Rohit Sah, whose name is also disclosed in F.I.R, has been granted privilege of bail by Bench of this Court vide order dated 11.01.2016 passed in Criminal Misc. 784 of 2016. It is further submitted that petitioner is in custody since 11.09.2015. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Khagaria, in connection with Morkahi P.S. Case No. 74 of 2015. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T