Md. Saud Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35619 of 2020 Arising Out of PS. Case No.-35 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== Md. Saud Ahmad Son Of Late Akhatar Hussain Resident Of Village - Piprahi, P.S. - Ladaniya, District - Madhubani ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ravi Prakash, Advocate For the Opposite Party :

Mr. Ajay Kumar -2 A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under sections 363/366A of the Indian Penal Code.

Learned counsel for the petitioner refers to section 164 Cr.P.C. statement of the victim in which she has stated that out of own desire she had gone with co-accused Md. Ashfaq and now she is living with him as his wife. Petitioner is father of said co-accused Md.Ashfaq and the thrust of allegation is against him. Petitioner has got no criminal antecedent and he is in custody since 6.6.2020. Charge sheet has also been filed in the case.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above 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 Judicial Magistrate 1st class, Jhanjharpur, Madhubani in

Patna High Court CR. MISC. No.35619 of 2020(2) dt.23-12-2020 2/2 Laukaha (Lalmaniya) Police Station Case No. 35/2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T