Patna High CourtCR. MISC./32853/2016bail granted

Md. Samir v. The State Of Bihar

2016-09-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32853 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Samir son of Samiullah resident of Village- Baluwa Guwabari P.S.- Kundwa Chain Pur District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 366(A)/34 of the Indian Penal Code.

The prosecution case, in brief, is that the informant's sister- Rima Kumari, aged about 16 years is a student of Target Coaching Centre of Md.Samir and on 27.03.2016 at 9 hrs. in the morning she went to attend the coaching class but she did not return till 1.00 hrs. and as such he went to coaching centre where he found that the coaching was closed and on enquiry by nearby people he got information that his sister has been taken by Md.Samir along with his father Md. Samiullah, mother Ambeya Khatoon and some unknown persons towards railway station or bus stand.

Patna High Court Cr.Misc. No.32853 of 2016 (3) dt.17-09-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.04.2016.Charge sheet has been submitted in this case. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The victim in her 164 Cr.P.C. statement has not alleged any physical or sexual abuse against the petitioner. There is admitted love affairs between the two. On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikarhana at Dhaka, East Champaran in connection with Kundwachainpur P.S.Case No.25 of 2016.

(Sudhir Singh, J) singh/- U T