Md. Niyaz Ahmad @ Md. Niyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14552 of 2019 Arising Out of PS. Case No.-687 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== MD. NIYAZ AHMAD @ Md. NIYAZ, Male, aged about 19 years, Son of Md. Irfan, Resident of Village - Kagjia Basti, Churipatty, Ward No.15, P.S.- Kishanganj, District - Kishanganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bajarangi Lal, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-04-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code.

Informant who is father of the victim girl has alleged that petitioner and other co-accused kidnapped her daughter while she had gone to her School.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is not named in the F.I.R. There is love affairs in between the victim girl and co-

Patna High Court CR. MISC. No.14552 of 2019(2) dt.01-04-2019 2/3 accused Nadim and both are well know to each other. Petitioner has no criminal antecedent and is in custody since 17.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kishanganj P.S. Case No. 687 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.14552 of 2019(2) dt.01-04-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T