Samim Alam @ Md. Samim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29003 of 2020 Arising Out of PS. Case No.-317 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== SAMIM ALAM @ MD. SAMIM Son of Gulam Alam @ Gulam Miya Resident of Village- Kurkihar, Police Station- Wazirganj, District- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehend his arrest in connection with Wazirganj P.S. Case No. 317/2018 registered for the offences punishable under Sections 366(A) of the Indian Penal Code. As per the prosecution case, on 04.10.2018 at 09:00 A.M., informant's niece, namely, Kajal Kumari went for tuition but did not return. On query, the informant came to know that this petitioner along with other co-accused persons have kidnapped the said niece of the informant.

It is submitted on behalf of petitioner that there is general and omnibus allegation against all the accused persons for kidnapping the niece of the informant. In fact, the girl herself returned back and then she gave her statement in which nothing incriminating has come against this petitioner. It is

Patna High Court CR. MISC. No.29003 of 2020(3) dt.05-01-2021 2/2 further submitted that in the present case, the trial of Raja Alam and Imteyaz Alam was separated and during the the trial, the victim has been examined and she clearly denied the prosecution case (Annexure-3). The petitioner has got clean antecedent as stated in paragraph No. 3 of the petition. Considering the aforementioned facts and circumstances and deposition of the victim girl, the bail application of this petitioner is allowed. Let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, 1st, Gaya, in connection with Wazirganj P.S. Case No. 317/2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Prabhat Kumar Singh, J) Saif/- U T