Aftab Alam @ Md. Aftab Alam @ Md. Aftab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33632 of 2016 Arising Out of PS.Case No. -146 Year- 2014 Thana -KAKO District- JEHANABAD ====================================================== Aftab Alam @ Md. Aftab Alam @ Md. Aftab son of Late Mostak Ali @ Mustak Mian resident of Kazi Daulatpur, P.S.- Kako, District- Jehanabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indu Shekhar Dwivedi, Adv. For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard both sides.
The petitioner apprehends his arrest in Kako P.S. Case No. 146/2014, registered for the offences punishable under Sections 366A and 34 of the Indian Penal Code. The informant alleged that on 27.07.2014 his daughter went to Sun Temple to offer milk at about 8.00 in the morning, but she did not return. The informant was inside the jail and he came out from the jail on 07.08.2014. The informant enquired from his relatives, but he could not know the whereabouts of the daughter. The informant suspected that Aftab Alam (petitioner), Samjeera Khatoon, Rajiv Kumar, Rajesh Paswan and Banty Kumar enticed away his daughter.
Learned counsel for the petitioner submits that save and
Patna High Court Cr.Misc. No.33632 of 2016 (4) dt.20-09-2016 2/2 except suspicion no tangible material has come against the petitioner. Informant is not an eye-witness of the occurrence. Nobody has seen the petitioner taking away the daughter of the informant. Similarly situated co-accused person Banty Kumar has already been enlarged on anticipatory bail vide order dated 29.02.2016 passed in Cr. Misc. 57003/2015.
It appears that case of the petitioner stands on the same footing.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magisrate IVth, Jehanabad in connection with Kako P.S. Case No. 146/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T