Md. Jalil And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60538 of 2017 Arising Out of PS.Case No. -574 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================
1. Md. Jalil, S/o Late Md. Hatib,
2. Asmina Khatoon @ Isho Khatoon, W/o Md. Jalil, Both R/o VillageBenestti Minapur, P.S.- Gooaul, District- Vaishali, Wrongaly Mentioned in F.I.R. , P.S.- Bhagwanpur, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Muzaffarpur Sadar P.S. Case No. 574 of 2016 registered for the offence punishable under Sections 363, 380, 384, 448 and 504/34 of the Indian Penal Code. The allegation is that the co-accused Chhotu @ Sahim has kidnapped the victim girl and had, along with the petitioners herein threatened and assaulted the prosecution side to withdraw the earlier case in which it was alleged that the accused persons of that case, including the said Chhotu @ Sahim had kidnapped the minor daughter of the informant.
The learned counsel for the petitioners submits that as far as the earlier case is concerned, the accused persons have been
Patna High Court Cr.Misc. No.60538 of 2017 (4) dt.23-01-2018 2/2 granted bail. It is further submitted that as far as the present case is concerned, the main accused Chhotu @ Sahin has already surrendered before the learned trial court and is in custody. The petitioner no. 1 is an accused in earlier case i.e. Muzaffarpur Sadar P.S. Case No. 387 of 2016 and he has already been granted anticipatory bail in the said case. As far as the petitioner no. 2 is concerned, she has a clean antecedent.
Having regard to the facts and circumstances of the case more particularly the fact that the main accused i.e. Chhotu @ Sahin has already surrendered and he is in custody, I deem it fit and proper to enlarge the petitioners herein on anticipatory bail in the event of their arrest or surrender before the court below within six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 574 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T