Parvez Alam @ Pravez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41263 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Parvez Alam @ Pravez Alam, son of Saukat Ali @ Md. Shaukat Ali, resident of village - Mahuawa, P.S. - Pipra, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Pipra P.S. Case No.50 of 2017 instituted for the offence under Section(s) 366-A, 120-B/34 Indian Penal Code.

It has been submitted that there is allegation of kidnapping against co-accused- Munna Kumar. Name of this petitioner has come in the statement of the victim recorded under Section 164 Cr. P. C.

The Additional Sessions Judge has mentioned in the impugned order that in para 58 of the case diary statement of the victim girl recorded under Section 164 Cr. P.C. is mentioned, wherein, she has taken name of this petitioner. There is mere allegation against this petitioner that

Patna High Court Cr.Misc. No.41263 of 2017 (2) dt.29-08-2017 2/3 he stopped the victim along with Munna Kumar and thereafter entire allegation is against Munna Kumar.

It has been submitted that co-accused, Munna Kumar, has already been granted regular bail by a co-ordinate Bench of this Court by order dated 16.08.2017 passed in Cr. Misc. No.38263 of 2017.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Pipra P.S. Case No.50 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court Cr.Misc. No.41263 of 2017 (2) dt.29-08-2017 3/3 to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T