Md. Sonu Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51022 of 2017 Arising Out of PS.Case No. -193 Year- 2017 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================
1. Md. Sonu Khan Late Istiyak Khan, R/o Village- Akhini, P.S.- Nuaon, District- Kaimur at Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Ramgarh (Nuaon) P.S. Case No. 193 of 2017 instituted for the offence under Section-364 of the Indian Penal Code.
It has been submitted that petitioner is said to have taken son of the informant and he did not return. As such, there is allegation against this petitioner of last seen.
Case diary has been received.
Learned APP has submitted that in the case diary besides the statement given by witnesses that this petitioner was last seen, there is no any specific allegation of overt act against this petitioner. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the
Patna High Court Cr.Misc. No.51022 of 2017 (3) dt.13-11-2017 2/2 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Ramgarh (Nuaon) P.S. Case No. 193 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua subject to condition as laid down u/S 438(2) of the 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 to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) A.K.V./- U T