Md. Jahangir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34627 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- JOGBANI District- Araria ====================================================== Md. Jahangir, Son Of Md. Rahim R/O Village- Tappu Tola Pipra, Ward No.- 11, P.S.- Jogbani, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha, Advocate For the informant :
Mr. Madhav Jha, Advocate For the State :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-09-2022 Heard learned counsel for the petitioner, the State and the learned counsel for the informant.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The case is registered under Sections 363, 366 of the Indian Penal Code in connection with Jogbani P.S. Case No.84/2022.
As per the allegation in the FIR the informant has alleged that the petitioner took away his wife and children and despite search, she could not be located. Accordingly, FIR was lodged.
Learned counsel for the petitioner submits that he is 24 years old while the lady in question is 31 years old and a normal movement with the lady has been given a different colour inasmuch as the informant himself alleged the matter of
Patna High Court CR. MISC. No.34627 of 2022(2) dt.13-09-2022 2/3 07.03.2022 whereas the FIR has been lodged on 16.03.2022. Only because he has criminal antecedent he has been implicated.
Per contra, learned counsel for the informant submits that it was the petitioner herein who has taken away the wife of the informant. He however concedes that she has since returned to his home along with children.
Taking into account the fact that he is in custody since 22.03.2022, charge-sheet stands submitted, this Court is inclined to grant him privilege of bail after framing of the charges in view of the fact that he has criminal antecedent. Let the petitioner be released on bail after framing of the charges on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Jogbani P.S. Case No.84/2022 to the satisfaction of learned A.C.J.M., Vth, Araria, subject to following conditions:
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive
Patna High Court CR. MISC. No.34627 of 2022(2) dt.13-09-2022 3/3 dates without plausible reason will entail cancellation of his bail by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T