Patna High CourtCR. MISC./38211/2017bail granted

Md. Perwez Sah @ Md.Perwez v. The State Of Bihar

2017-08-17Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38211 of 2017 Arising Out of PS.Case No. -189 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. MD. PERWEZ SAH @ MD.PERWEZ Son of Md. Niyamul @ Md. Neyamul Sah, R/o Village- Khaira Dargah, P.S.- Rosera, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Town P.S. Case No. 189 of 2017 registered for the offences punishable under Sections 384, 385 of the IPC. The informant has alleged that he had received a call on his mobile at 8.30 p.m. on 12.04.2017 for a ransom of Rs. 3,00,000/- (Rupees Three Lac) from the mobile of this petitioner. Learned counsel for the petitioner submits that the petitioner is living at different place having no criminal antecedent. He has been made accused on the basis of a call incidentally dialed from the mobile of the petitioner. He further submits that there is an unexplained delay of six days in lodging the FIR by the informant.

Patna High Court Cr.Misc. No.38211 of 2017 (02) dt.17-08-2017 2/2 He submits that no call was made except the said call from the mobile of this petitioner.

Learned Additional Public Prosecutor opposed the aforesaid submission.

Considering the facts and circumstances, as stated above, the prayer of anticipatory bail is allowed.

Let the petitioner, above named, 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Town P.S. Case No. 189 of 2017, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code. (Sanjay Kumar, J) khushbu/- U T