Sadare Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62107 of 2017 Arising Out of PS.Case No. -335 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sadare Alam S/o Nejamul @ Najmul Hoda, R/o Jhumka, P.S.- Sikta, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363 and 364 of the Indian Penal Code. Subsequently, Section 364A IPC was also added.

The prosecution case, as lodged by the informant, is that he runs a Hostel and his cook received several calls enquiring about an hostel inmate, namely, Munna Alam. When Munna Alam returned in the hostel, he was called by some people that his family members are sick, who took him away on a vehicle and thereafter he did not return.

Patna High Court Cr.Misc. No.62107 of 2017 (2) dt.22-12-2017 2/3 It is submitted by learned counsel for the petitioner that the petitioner is neither named in the FIR nor by the victim boy in 164 Cr.P.C. statement. The petitioner has been named by co-accused Bablu, who has been granted regular bail by a co-ordinate Bench of this Court vide order dated 16.08.2017 passed in Cr. Misc. No. 26520 of 2017, as contained in Annexure-2. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Considering the fact that the name of the petitioner sprang up on the confession of co-accused, who has been granted regular bail, and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Manjhaulia P.S. Case No. 335 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The learned Court below will be liberty to

Patna High Court Cr.Misc. No.62107 of 2017 (2) dt.22-12-2017 3/3 cancel the bail bonds of the petitioner, if he fails to co-operate in the investigation.

(Dinesh Kumar Singh, J) DKS/- U T