Md. Sanober @ Md. Sanobar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56699 of 2017 Arising Out of PS.Case No. -193 Year- 2013 Thana -JOKIHAT District- ARRARIA ======================================================

1. Md. Sanober @ Md. Sanobar,

2. Md. Ibrahim,

3. Md. Manober,

4. Md. Etawari, All sons of Md. Taiyab @ Mangloo, Resident of village Masuria, P.S. Mahalgaon, District-Araria.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jokihat (Mahalgaon) P.S. Case no. 193 of 2013, registered under Sections 364 and 120(B)/34 of the Indian Penal Code. The accusation is that on 01.07.2015 petitioners and one Md. Taieb accompanied Md. Wasikur Rahman, nephew of the informant, alluring him for good job at Delhi. In course of search, Several villagers seen to accompany his nephew by the petitioners. Thereafter, Panchayati was arranged in village then petitioners and Md. Taiab assured that his nephew will be returned. Later on, they started speaking other things to deposit Rs. 30,000/- for search of his nephew. The informant raised suspicion about kidnapping of his

Patna High Court Cr.Misc. No.56699 of 2017 (2) dt.07-12-2017 2/2 nephew by the petitioners and one Md. Taiab.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that while the occurrence is of 01.07.2013, but the F.I.R. is lodged on 23.07.2013 after 22 days of the occurrence. The informant has also lodged Complaint case No. 1198 (C) of 2004 on which basis Araria P.S. Case No. 291 of 2004 was instituted. The nephew of the informant had gone anywhere for his livelihood, but with ulterior motive the informant has lodged the present. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 193 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T