Md. Israil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50122 of 2015 Arising Out of PS.Case No. -679 Year- 2015 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Md. Israil son of Md. Ismail resident of Mohalla Mahraji Pokhar, P.S. - Town, District - Muzaffarpur, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh, Adv. For the Opposite Party/s : Mr. Ajay Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Town P.S. Case No. 679 of 2015 for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

Allegedly, Kajal Parween aged about 16 years, the daughter of the informant was kidnapped by Md. Jawed, Md. Vikki and Md. Farukh, with an intention to marry with her and when the informant complained, then the petitioner and others started assaulting and abusing the informant. Submission is of false implication and that the victim having love affair with Md. Jawed, went with him at Delhi and

Patna High Court Cr.Misc. No.50122 of 2015 (2) dt.15-12-2015 2 / 2 solemnized marriage, her statement has been recorded U/s. 164 Cr.P.C. wherein she has not stated anything against the petitioner and petitioner is suffering in custody since 13.09.2015 having no criminal antecedent.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that there is no allegation against the petitioner for kidnapping the daughter of the informant and as such the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, arising out of Town P.S. Case No. 679 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reasons shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Rajiv/- U T