Md. Jabir @ Md. Jabir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52015 of 2021 Arising Out of PS. Case No.-218 Year-2019 Thana- GOGRI District- Khagaria ====================================================== MD. JABIR @ MD. JABIR HUSSAIN Son of Md Mustafa Shah Resident of Village - Ward No.- 16, Sah Nagar, Jamalpur Gogri, P.S.- Gogri, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddhartha Kumar Singh, Adv.

For the State :

Mr. Brajendra Nath Pandey, APP For the Informant : Mr. Rajesh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 366 and 34 of the Indian Penal Code.

As per the prosecution case, the wife of the informant as also the wife of his younger brother were kidnapped by the eight named accused persons including the petitioner herein. It is stated that even on earlier occasion, the accused persons had threatened him that they would sell the lady members of his family.

It is submitted by learned senior counsel appearing

Patna High Court CR. MISC. No.52015 of 2021(2) dt.03-03-2022 2/3 for the petitioner that the petitioner has been falsely implicated in the case. So far as the seven other F.I.R. named accused persons are concerned, they were granted anticipatory bail vide order dated 5.11.2019 passed in Cr. Misc. no.65872 of 2019. It is submitted that the name of the petitioner transpired along with Md. Emran in the confessional statement of the victim recorded under section 164 Cr.P.C. The case of the petitioner stands on a similar footing to that of Md. Emran who has been enlarged on bail vide order dated 20.7.2021 passed in Cr. Misc. no.38975 of 2020. The petitioner is in custody since 4.3.2021 and chargesheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is named in the F.I.R. but he is a part of the gang of accused persons who managed to sell females.

Having heard learned counsel for the parties and taking into consideration the facts of the case including grant of bail to Md. Emran and chargesheet having been submitted, the Court directs the petitioner to be enlarged on bail in connection with Gogri P.S. Case no.218 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.52015 of 2021(2) dt.03-03-2022 3/3 amount each to the satisfaction of the learned Judicial Magistrate 1st, Khagaria.

(Partha Sarthy, J) Saurabh/- U T