Md. Gaffar v. The State Of Bihar

Patna High Court Cr.Misc. No.29658 of 2015 (9) dt.25-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29658 of 2015 Arising Out of PS.Case No. -221 Year- 2014 Thana -DHURAIYA District- BANKA ====================================================== Md. Gaffar, Son of Md. Khalil, Resident of Village- Laxmikitta, P.S. Dhoraiya, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Rabi Khatoon, D/o Md. Sddaki, resident of village - Tetaria, P.S. Dhoraiya, District - Banka.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Dhoraiya P.S. Case No. 221 of 2014 registered for the offences punishable under Sections 493/376 of the Indian Penal Code. On the last occasion, the call details of the two mobile numbers which are alleged to have been used by the informant was called for and the concerned mobile company has reported that the call details of the year, 2014 are not available. It has further been brought on record that the two mobile numbers, namely, 9876225655 was issued in the name of one Md. Saddik on 24.04.2016 at Bhatinda, Punjab and the second mobile number i.e. 9653595776 has been issued in favour of one Rishi Kumar on

Patna High Court Cr.Misc. No.29658 of 2015 (9) dt.25-04-2016 12.08.2015 at Jalandhar, Punjab.

Since the call details of both the numbers have not been made available, as the same is not maintained by the company and also because the two mobile numbers do not stand in the name of the petitioner, thus, casting a cloud on the prosecution story, let 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/are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Banka in connection with Dhoraiya P.S. Case No. 221 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J) Jagdish/- U T