Patna High CourtCR. MISC./56722/2017bail granted

Md. Attaulla @ Md. Ataullah @ Samar Khan v. The State Of Bihar

2017-12-12Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56722 of 2017 Arising Out of PS.Case No. -885 Year- 2017 Thana -SAHARSA District- SAHARSA ====================================================== Md. Attaulla @ Md. Ataullah @ Samar Khan S/o Md. Rahamtulla, resident of village-Dhanchoha, P.S.-Sour Bazar, District-Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Saharsa Sadar Police Station Case No. 885 of 2017 registered for the offences punishable under sections 363 and 365 of the Indian Penal Code.

The above case has been registered against unknown persons. It has been alleged that on 28.08.2017 the daughter of informant went to attend the coaching as usual at 7:00 A.M., but she did not return.

The learned counsel for the petitioner submits that the petitioner is neither named in FIR nor any incriminating material has been recovered from his possession. The victim disclosed the

Patna High Court Cr.Misc. No.56722 of 2017 (2) dt.12-12-2017 2/2 names of two persons who took away her by a 'Bolero' vehicle. This petitioner was put on T.I.P., but she did not identify him. The Police submitted Final Form against the petitioner. The petitioner having clean antecedent has been languishing in judicial custody since 01.09.2017.

The A.P.P. opposed the submission.

Considering the fact that this petitioner was not identified by the victim on T.I.P., the prayer for bail of this petitioner is allowed and he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sahara in connection with Saharsa Sadar Police Station Case No. 885 of 2017.

(Sanjay Kumar, J) Mahesh/- U T