Md. Jubair v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44708 of 2018 Arising Out of PS.C.ase No. -20 Year- 2018 Thana -KALYANPUR District- SAMASTIPUR ======================================================

1. Md. Jubair, Son of Late Md. Harun, Resident of Village- Bhagirathpur, P.S.- Kalyanpur, Distt.- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar No-1, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Kalyanpur P.S. Case No. 20/2018, instituted for the offences punishable under Sections 363, 365 and 302/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. In the written report, it is alleged that seven years old daughter of the informant became traceless. The informant during search learnt that Md. Nirale with some other unknown persons has kidnapped the niece of the informant. The name of this petitioner has been taken by Md. Nirale in his confessional statement. The petitioner has clean antecedent.

Patna High Court Cr.Misc. No.44708 of 2018 (2) dt.27-07-2018 2/2 Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kalyanpur P.S. Case No. 20/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J.)