Md. Alam @ Alam @ Guddu @ Sarkar v. The State Of Bihar

Patna High Court Cr.Misc. No.44705 of 2017 (3) dt.16-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44705 of 2017 Arising Out of PS.Case No. -223 Year- 2015 Thana -BAHADURGANJ District- KISANGANJ ======================================================

1. Md. Alam @ Alam @ Guddu @ Sarkar Son of Late Yusuf, R/o VillagePirgacchi, P.S.- Angarh, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bahadurganj P.S.Case no.223 of 2015 registered for offences punishable under Sections 363, 266, 370, 372, 376, 506/34 of the Indian Penal Code.

Allegation against the petitioner and other coaccused persons is of kidnapping the daughter of the informant and further it appears from the statement of the victim girl recorded under Section 164 Cr.P.C. that later on she was sold to some other persons on Rs.5 lac for doing some illegal work. Submission of the learned counsel for the petitioner is that at best the allegation against the petitioner is that he was also one of the persons who have taken her to Bangalore and except that there is no other allegation against him. The petitioner is in custody since 17.5.2017.

Patna High Court Cr.Misc. No.44705 of 2017 (3) dt.16-10-2017 Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view of the fact that so far this petitioner is concerned there is only allegation against him that he had gone along with the other accused persons, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Kishanganj in connection with Bahadurganj P.S.Case No.223 of 2015.

With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidences.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T