Md. Aftab @ Md. Aaftab @ Aftab Alam @ Md. Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45738 of 2018 ======================================================

1. Md. Aftab @ Md. Aaftab @ Aftab Alam @ Md. Aftab Alam, Son of Late Abul Hassan @ Abul Hasan, Resident of Village- Dilawarpur, P.S.- Bahadurpur, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Manigachhi P.S.Case No.68 of 2018 , registered for offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapponig the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that the allegation is against the son of the petitioner and not against him and further the girl has been recovered and she has not supported the prosecution case in her statement under Section 164 Cr.P.C.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.45738 of 2018 (2) dt.07-08-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-V, Darbhanga in connection with Manigachhi P.S.Case No.68 of 2018 dated 9.4.2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T