Patna High CourtCR. MISC./51240/2016bail granted

Md Jami And ORS v. The State Of Bihar

2016-12-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51240 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -MORE District- DARBHANGA ======================================================

1. Md Jami Son of Ejharul Hassan

2. Faiyaz Hassan Son of Ejharul Hassan

3. Ahsan Reza Son of Late Abdul Wahid

4. Jugnu Son of Late Ata Ahmad All Resident of Village-Ratanpura, P.S. Moro, District Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Kishore Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2016 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 147, 148,149,364, 354, 379 and 504 of the Indian Penal Code.

Accusation is that the accused persons including the petitioners armed with weapons entered into the house of the informant and kidnapped her son with intention to kill him. When female members of the house objected, the accused persons assaulted and misbehaved them. They carried four cows worth Rs.1 lac from the house.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.51240 of 2016 (3) dt.23-12-2016 2/2 there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The victim boy has been recovered. His statement has been recorded under Section 164 Cr.P.C. He has not named the petitioners.

On behalf of the State and the learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, Darbhanga in connection with Moro P.S. case No.44 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T