Patna High CourtCR. MISC./49790/2017bail granted

Kalam Mian v. The State Of Bihar

2017-12-12Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49790 of 2017 Arising Out of PS. Case No.-224 Year-2017 Thana- TURKAULIYA District- East Champaran ====================================================== Kalam Mian Son of Jangi Mian, R/o Gokhula Bazar Tarulwa Tola, P.S.- Banjaria, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mr. SMT. SUMAN KUMARI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with Turkaulia (Banjariya) P.S. Case No. 224 of 2017 registered for the offences punishable under Sections 363, 364, 365 and 120B r/w 34 of the Indian Penal Code.

Allegation against petitioner and other accused persons is of kidnapping Adalat Mian, husband of informant on 16.04.2017 and she (informant) got information regarding kidnapping of her husband from one Pramod Kumar on 20.04.2017 and other persons and thereafter, FIR was instituted on 24.04.2017. Her husband was kidnapped on account of land dispute with Upmukhiya and the victim. She has also made accused Aas Mohammad Mian with whom there is previous

Patna High Court Cr.Misc. No.49790 of 2017(3) dt.12-12-2017 2/2 land dispute and who is her co-sharer instrumental in kidnapping her husband. It has further been submitted that brother of the petitioner has also lodged an FIR against the victim in which eight persons were made accused. Informant has also stated that Upmukhiya has kidnapped her husband in order to commit murder. There is no overt act alleged against petitioner. Victim himself was of criminal background. Chargesheet has been submitted against the petitioner. Considering the facts and circumstances of the case and petitioner being in jail custody since 20.06.2017, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Turkauliya (Banjariya) P.S. Case No. 224 of 2017. (S. Kumar, J) sudip/- U T