Patna High CourtCR. MISC./11471/2019bail granted

Md. Asfaque @ Asfaque v. The State Of Bihar

2019-05-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11471 of 2019 Arising Out of PS. Case No.-301 Year-2015 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Asfaque @ Asfaque S/o Madhu @ Madhur Resident of Village- Lilawadi (Mirzapur Kamat) Chimani Bazar, P.S.- Sadar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 364, 120B, 504, 506 of the Indian Penal Code. Allegation is that the accused persons had taken away the informant's son on pretext to provide him job in Arab country but the informant's son did not return. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.11.2017 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. No force has been applied for taking the victim in the custody. The victim had left his house out of his

Patna High Court CR. MISC. No.11471 of 2019(3) dt.03-05-2019 2/2 own will with the accused persons. No offence under Section 364 of I.P.C. is made out. Other co-accused has been granted bail vide Annexure 2 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Purnea in connection with Sadar P.S. case No.301 of 2015 (G.R. No.3405 of 2015, Complaint case No.1236 of 2015).

(Sudhir Singh, J) Narendra/- U T