Md. Saddam @ Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17044 of 2019 Arising Out of PS. Case No.-185 Year-2014 Thana- BAUSI District- Purnia ====================================================== MD. SADDAM @ SADDAM, aged about 26 years, (M) Son of Ibrahim Resident of Village - Naya Tola Gotfar Fulbhasa, P.S.- Baisi, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md.Imteyaz Ahmad For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 363, 372, 420 and 120B of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor daughter of the informant along with FIR named accused.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. The victim girl herself went away to the house of her grandmother without informing her family members. It has been further submitted that similarly placed co-accused have

Patna High Court CR. MISC. No.17044 of 2019(2) dt.02-04-2019 2/3 been granted bail by co-ordinate Bench of this Court as well as this Court as contained in Annexure-2 and 3 of the petition. Petitioner has got no criminal antecedent and is in custody since 28.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Baisi P.S. Case No. 185 of 2014, with following condition:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court CR. MISC. No.17044 of 2019(2) dt.02-04-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U T