Md. Mokhtar @ G. P. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.272 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -CIVIL LINE District- GAYA ======================================================

1. Md. Mokhtar @ G. P. Son of Late Halim Resident of Mohalla-TilJala Sheotola Lane, P.S.-Karaya, District-Kolkatta 11 D, 39 (West Bengal) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mahtab Alam For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 364(A) of the Indian Penal Code.

The prosecution story in brief, is that some unknown persons kidnapped the son of the informant while his son went for prayer for the Namaz.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.03.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The victim boy has been examined under Section 164 of the Cr.P.C. He has not supported

Patna High Court Cr.Misc. No.272 of 2017 (2) dt.10-01-2017 2/2 the allegations made in the F.I.R. The victim has filed a petition in the court below, where he has stated that the present case has been instituted due to mistake of fact.

On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M., Gaya in connection with Civil Line P.S. Case No. 115 of 2016. (Sudhir Singh, J.) Amit/- U T