Md. Hasam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23737 of 2021 Arising Out of PS. Case No.-243 Year-2020 Thana- SALAKHUA District- Saharsa ====================================================== 1.

MD. HASAM SON OF AHMAD HUSSAIN RESIDENT OF VILLAGEKHURESAN, P.S.- SALKHUA (BANMA ITAHARI), DISTRICTSAHARSA 2.

MD. KALAM @ BUDHO @ KALAMUDDIN SON OF AHMAD HUSSAIN RESIDENT OF VILLAGE- KHURESAN, P.S.- SALKHUA (BANMA ITAHARI), DISTRICT- SAHARSA 3.

MD. ASHFAQUE @ MD. ASHFAQUE ALAM SON OF MD. KALAM @ KALAM UDDIN VILL KHURESAN, PS SALKHUA, (BANMA ITAHARI) DIST SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 16-02-2022 Heard the parties through video conferencing. The petitioners seek bail in anticipation of their arrest in connection with Salkhua (Banma Itahari) P.S. Case No. 243 of 2020 instituted for the offences under Sections 365, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioners has taken this Court to the statement of the boy who is 28 years of age and stated that he has gone on his own will.

Taking into consideration the statement recorded under Section 164 of the Criminal Procedure Code of the

Patna High Court CR. MISC. No.23737 of 2021(5) dt.16-02-2022 2/2 concerned alleged victim, I do not find a case made out under Sections 365, 504, 506 and 34 of the Indian Penal Code as against the petitioners.

In view thereof the petitioners are granted benefit of anticipatory bail and in the event of arrest they shall be released on bail subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code.

(Sanjeev Prakash Sharma, J) Shamshad/- U T