Kamrul Hoda @ Amrulhoda Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 27391 of 2020 Arising Out of PS. Case No.-61 Year-2019 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== KAMRUL HODA @ AMRULHODA SHEKH S/o Late Nazrul Hoda Resident of Village- Bherihari, P.S.- Purushotampur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-10-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner.

Mr Anzarul Haque Sahara, APP is appearing as it is submitted that the brief has been allotted to him by the Office of Advocate General. His name may also be printed in the cause list.

Patna High Court CR. MISC. No.27391 of 2020(2) dt.20-10-2020 2/3 The petitioner seeks bail in Purushotampur Police Station (for brevity, PS) Case No 61 of 2019 instituted for the offence punishable under Sections 363, 366, 366A of Indian Penal Code.

It is alleged that the informant's daughter has been taken away by three persons including the petitioner while she had ventured out to ease herself.

Petitioner's counsel submits that in fact the daughter of the informant has eloped. In the circumstances, first information report has been lodged after substantial delay on 04.08.2019, though she is said to be missing since 21.07.2019. The petitioner is father of Sk Arbaz and has been implicated in this case on extraneous considerations. The petitioner is in custody since 23.09.2019.

The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in Purushotampur PS Case No 61 of 2019 subject to the following

Patna High Court CR. MISC. No.27391 of 2020(2) dt.20-10-2020 3/3 conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T