Tanveer Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4992 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== TANVEER ALAM S/O Abdul Khalik @ Khalik Sheikh R/o Village - Bhediharia, P.S. - Purushottampur, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-03-2021 Heard both parties.

The petitioner seeks bail in Sikarpur P.S. Case No. 20 of 2020, registered for the offence punishable under Sections 363/366A of the Indian Penal Code.

As per the prosecution case, this petitioner along with co-accused Anwar Sheikh kidnapped the daughter of informant. It is submitted on behalf of the petitioner that the victim girl in her statement under Section 164 Cr.P.C has specifically stated that while she was going to the house of her Khala, on the way she met this petitioner along with co-accused Arman and she willingly sat on their motorcycle. The victim girl was never kidnapped and this fact was also not known to her parents, therefore, father of the girl has lodged the case of kidnapping. Petitioner is in custody since 13.01.2020 having

Patna High Court CR. MISC. No.4992 of 2021(2) dt.26-03-2021 2/2 clean antecedent.

In view of statement under Section 164 Cr.P.C of the victim girl, the petitioner above-named, 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 the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sikarpur P.S. Case No. 20 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers 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. (Prabhat Kumar Singh, J) vinita/- U T