Md. Samsher @ Shamsher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21576 of 2021 Arising Out of PS. Case No.-35 Year-2018 Thana- MARAUNA District- Supaul ====================================================== Md. Samsher @ Shamsher Son Of Md. Basir @ Basir Resident Of VillageKhushiyali, P.S.- Marauna, District- Supaul ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Kuldeep Kumar, Advocate For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 366(A) and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the daughter of the informant went missing and the informant

Patna High Court CR. MISC. No.21576 of 2021(2) dt.16-02-2022 2/3 suspects that she has been abducted by the accused persons for the purpose of marriage.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The alleged occurrence is said to have taken place on 16.03.2018 for which case was instituted on 13.04.2018. The delay in lodging the case has not been explained by the prosecution. Allegation has been made in respect of abduction of the victim. Other co-accused has been granted anticipatory bail by a Coordinate Bench of this Court vide Annexure-2 series to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in

Patna High Court CR. MISC. No.21576 of 2021(2) dt.16-02-2022 3/3 covid cases.

Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bonds to the satisfaction of learned A.C.J.M.- 6th Supaul in connection with Marauna P.S. Case No. 35/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T