Md. Salim And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20471 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -AMAUR District- PURNIA ======================================================
1. Md. Salim Son of late Md. Gurkan
2. Md. Aslam Son of Md. Ishaque Resident of Village- Akamba, P.S. Jalalgarh, District- Purnea.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :Mr. Suresh Prasad Sah @ Baranwal, Advocate For the Opposite Party/s :Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-06-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State. Petitioners are languishing in judicial custody since 26.01.2017 in connection with Amour P.S. Case No. 08 of 2017 pending in the Court of learned A.C.J.M. VI, Purnea registered for the offence punishable under Sections 367, 370, 325, 326, 307, 34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his brother Md. Mohib Alam was missing since 2 1⁄2 years from Kolkata East when he had gone for offering Namaj. His sister-in-law found him begging and informed the informant and thereafter the petitioners were caught red handed along with the victim Md. Mohib Alam, who was compelled to indulge in the
Patna High Court Cr.Misc. No.20471 of 2017 (4) dt.20-06-2017 2/2 begging trade by the petitioners and he was made blind. It has been submitted by the learned counsel for the petitioners that they are innocent and have been falsely implicated in the aforesaid case. He submits that they have no criminal antecedent and charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State opposes the prayer for bail submitting that the petitioners have been caught red handed along with the victim and have also confessed their involvement in kidnapping the victim.
Considering the facts and circumstances and the materials on record, I am not inclined to grant the privilege of bail to the petitioners. This application is, accordingly, rejected. (Nilu Agrawal, J.) Arjun/- U T