Md. Guddu @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17158 of 2016 Arising Out of PS.Case No. -111 Year- 2015 Thana -JOGBANI District- ARRARIA ====================================================== Md. Guddu @ Guddu Son of Md. Zabbar Resident of Village- Ahmadpur, ward no. 17, P.S. Jogbani, District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda, Adv. For the Opposite Party/s : Mr. H.A.Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2016 Heard both sides.

The petitioner apprehends his arrest in Jogbani P.S. Case No. 111/2015, registered for the offences punishable under Section 366A of the Indian Penal Code.

The informant alleged that his daughter had gone to school, but she did not return. He further alleged that Md. Chand with the help of her mother, sister, brothers and friends kidnapped his daughter.

It is submitted that petitioner is brother of Md. Chand, but victim did not name the petitioner. The victim made her statement under Section 164 Cr.P.C. and she disclosed that she came across with Muskan who requested her to get her admitted. Anwar, Vikas and others three were with her. The victim did not

Patna High Court Cr.Misc. No.17158 of 2016 (2) dt.16-05-2016 2/2 name the petitioner in her statement.

Considering the facts aforesaid and the fact that informant is not an eye-witness of the occurrence and the victim had very categorically named the persons who took her to the place of occurrence, but did not name the petitioner, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Araria in connection with Jogbani P.S. Case No. 111/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T