Md. Hadis v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25736 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Md. Hadis, Son of Md. Hussain @ Md. Hussain Nadaff, Resident of Village Balbhadrapur, P.S. Ujiyarpur, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajeev Ranjan No.II For the State : Mr. Sanjay Kumar Sharma For the Informant : Mr. Mirtyunjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-07-2017 Heard learned Counsel for the petitioner, learned Counsel representing the informant and learned Additional Public Prosecutor appearing on behalf of the State of Bihar.

This application, for grant of anticipatory bail, arises out of Ujiyarpur Police Station Case No. 24 of 2017, disclosing offences under Section 366A/34 of the Indian Penal Code.

Learned Counsel for the petitioner has submitted that the case of the prosecution, as narrated in the First Information Report, and the statement of the victim, recorded under Section 164 of the Code of Criminal Procedure, 1973, are completely at variance and show that

Patna High Court Cr.Misc. No.25736 of 2017 (2) dt.10-07-2017 2/3 the implication of the petitioner is for ulterior purpose. From the First Information Report, I find that the victim is alleged to have been kidnapped on 09.02.2017; whereas, the victim, in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973, has stated that she was kidnapped on 13.02.2017. The case of the prosecution becomes doubtful after having seen the First Information Report and statement of victim recorded under Section 164 of the Code of Criminal Procedure, 1973.

Considering the above, this application is allowed.

Let the petitioner, Md. Hadis, in the event of his arrest or surrender before the Court below within six weeks, 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 Sub Divisional Judicial Magistrate, Dalsingsarai, Samastipur, in connection with Ujiyarpur Police Station Case No. 24 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of

Patna High Court Cr.Misc. No.25736 of 2017 (2) dt.10-07-2017 3/3 failure on him part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √