Saddam Hussain @ Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64943 of 2018 Arising Out of PS. Case No.-390 Year-2017 Thana- DHAKA District- East Champaran ====================================================== Saddam Hussain @ Md. Saddam Son of Md. Hamid Resident of VillageKharka,P.S. Runnisaidpur,Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Dhaka (Pachpakari) P.S. Case No. 390 of 2017 registered for the offence punishable under Sections 387, 120B, 34 of the Indian Penal Code.

Allegation against petitioner is of demanding extortion money of Rs. 10 lacs from the informant.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this case on the basis of confessional statement of co-accused Santosh Sah who has already been granted bail by this Hon'ble Court as contained in Annexure-2. The mobile number from which extortion money was demanded and threatening was

Patna High Court Cr.Misc. No.64943 of 2018(2) dt.31-10-2018 2/2 given does not belongs to the petitioner. Petitioner is in custody since 11.07.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, in connection with Dhaka (Pachpakari) P.S. Case No. 390 of 2017 subject to the conditions that:-

(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 represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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