Manjur Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13804 of 2015 Arising out of PS.Case No. -323 Year- 2013 Thana -SIKARPUR District- WEST CHAMPARAN(BETTIAH) ====================================================== Manjur Khan, S/o Late Meena Khan, resident of Parsa, P.S. Gaunaha, District West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party : Mr. Pradeep Narayan Kr.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2015 Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Shikarpur P.S. Case No. 323 of 2013 for the offences instituted under Sections 364(A) and 120(B)/34 of the IPC. The prosecution story, in brief, is that the son and daughter of the informant were returning after tuition and in course thereof, when they reached near Purani Bazar two persons came on a motorcycle and made an attempt to kidnap them but the informant's daughter raised alarm and the local people caught them. Both the apprehended persons disclosed their names as Salim Ansari and Ekram Ansari. They also disclosed that on the

Patna High Court Cr.Misc. No.13804 of 2015 (6) dt.03-09-2015 2/2 instruction of co-accused Reyaz they have committed such occurrence and this petitioner also facilitated them. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has been made accused in the present case due to mistake of fact. The same is supported from annexure-2 which is the final form submitted by the police in the present case where the case has been found to be false against the petitioner.

On behalf of the State and the informanti it has been 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 in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Shikarpur P.S. Case No. 323 of 2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Bettiah, West Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T