Md. Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61513 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -BRAHMPURA District- MUZAFFARPUR ====================================================== Md. Raju Son of Rahimtulla Resident of village- Manikpur, Police StationKanti, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mazharul Hassan For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Brahampura P.S. Case No. 73 of 2016 for the offences punishable under sections 363 and 366 of the I.P.C.

Allegedly, the petitioner kidnapped the married daughter-in-law of the informant for marriage. Submission is of false implication and that there is no connectivity of the petitioner in the kidnapping, the petitioner has got no past criminal antecedent, the FIR has been lodged after much delay, from the mobile number given in the FIR it reveals that tower location of mobile of the petitioner was in the State of

Patna High Court Cr.Misc. No.61513 of 2017 (3) dt.29-01-2018 2/2 Kerla since the date of occurrence and there was no talk from the mobile of the victim lady, vide paragraph-21 of the case diary and further from paragraph- 33 it reveals that from the mobile of the victim lady there was talk on another mobile which belongs to one Bishwanath Kumar but in that direction no investigation has been done and the petitioner is apprehending his arrest. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner by submitting that the informant and other witnesses have supported the allegation during investigation.

In the facts and circumstances stated above, considering the mobile calls detailed report as stated in paragraphs- 21 and 33 of the case diary, the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a 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 to the satisfaction of C.J.M, Muzaffarpur in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.