Md. Abbas v. The State Of Bihar

Patna High Court Cr.Misc. No.37637 of 2016 (5) dt.29-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37637 of 2016 Arising Out of PS.Case No. -83 Year- 2006 Thana -SIKTI District- ARRARIA ====================================================== Md. Abbas, son of Md. Sukaru, resident of Village- Khoragach, Gadahakat, MadarsaTola, P.S- Sikti, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat, Advocate. For the Opposite Party/s : Mr. Sri Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sikti P.S. Case No. 83 of 2006, registered under Sections 341, 323, 384, 386 and 379/34 of the Indian Penal Code. The accusation is that on 22.10.2006, Md. Sohrab Alam, informant, along with Imrahim Ansari was returning to their village on attending the Iftar party then in the way, Habibur Rahman, Md. Irfan and the petitioner stopped the motorcycle of the informant and started to cause assault and also made demand cash of Rs.10,000/- as ransom. When the informant showed his inability not to pay the ransom amount then accused-persons including the petitioner named in the F.I.R. pointed the pistol at

Patna High Court Cr.Misc. No.37637 of 2016 (5) dt.29-08-2017 the temporal region of the informant and snatched his motorcycle. The cause of occurrence is of enmity due to Panchayat Election. Learned counsel for the petitioner submits that it has come in course of investigation that informant had taken the money to the accused persons named in the F.I.R. including the petitioner and purchased the motorcycle but the money was not returned due to that reason they snatched the motorcycle. As such, the demand of ransom of Rs.10,000/- as alleged by the informant is false.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Araria, in connection with Sikti P.S. Case No. 83 of 2006, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T