Md. Jamal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37171 of 2017 Arising Out of PS.Case No. -274 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Md. Jamal, S/o Md. Salauddin @ Md. Salaudding
2. Md. Salauddin @ Salahuddin @ Salaudin, S/o Late Md. Chhakkan @ Late Md. Thhakan,
3. Halima Khatoon, W/o Md. Salauddin,
4. Abdul Rauf @ Rahuf, S/o Md. Salauddin,
5. Md. Raish @ Md Raiesh, S/o Md. Salauddin, All resident of VillageGhiwha, P.S.- Forbesganj, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard the parties.
It has been informed by the learned counsel for the petitioner that during the pendency of this application, the petitioner no.1 has been arrested.
In view of the above facts and circumstances, prayer with regard to petitioner no.1 (Md. Jamal) is concerned, it has become infructuous.
The petitioners are apprehending his arrest in connection with Forbesganj P.S.Case No.274 of 2017, registered for offences punishable under Sections 366 & 365/34 of the Indian Penal Code. Allegation against the petitioners is of kidnapping the daughter-in-law of the petitioner no.1.
Submission of the learned counsel for the petitioners is that
Patna High Court Cr.Misc. No.37171 of 2017 (2) dt.19-08-2017 2/3 in the meantime, the girl has returned and she has not made statement in support of the prosecution case. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner no.2 (M. Salauddin @ Salahuddin @ Salaudin), 3. (Halima Khatoon), 4 (Abdul Rauf @ Rahuf) and 5 (Md. Saish @ Md. Raiesh) in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., araria in connection with Forbesganj P.S.Case No.274 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T
Patna High Court Cr.Misc. No.37171 of 2017 (2) dt.19-08-2017 3/3