Salamuddin @ Md. Salamuddin v. The State Of Bihar

Patna High Court Cr.Misc. No.56016 of 2017 (2) dt.12-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56016 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Salamuddin @ Md. Salamuddin, Son of Khalil, Resident of VillageBaltharva, P.S.- Piprakothi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-12-2017 Heard both sides.

The petitioner apprehends his arrest in Piprakothi P.S. Case No.75 of 2017 registered under Sections 363, 364, 120(b) and 34 of the Indian Penal Code.

Father of the victim alleged that his daughter had gone to attend the call of nature but she did not return. The informant came to know that Sheruddin, Salamuddin, Imamuddin, Buchun, Madina Khatoon, Shamim, Khalil Mian and others kidnapped his daughter.

The learned counsel for the petitioner submits that petitioner is the father of Sheruddin. On mere suspicion, name of the petitioner figured in the case. The victim made her statement

Patna High Court Cr.Misc. No.56016 of 2017 (2) dt.12-12-2017 under Section 164 Cr.P.C. and disclosed that one person signaled her to come and when she came near the vehicle she was kidnapped but she did not disclose the name who kidnapped her. It is submitted that the victim was recovered along with Sheruddin. Petitioner is the father of Sheruddin and that is why the petitioner has also implicated in the case. Similarly situated co-accused, Imamuddin @ Md. Imamuddin has already been granted anticipatory bail vide order passed in Cr. Misc. No.37405 of 2017.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Piprakothi P.S. Case No.75 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T