Md Hasbul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 36038 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== 1.
Md. Hasbul, aged about 35 years, Male, Son of Late Seikh Majid, 2.
Md. Jumarati, aged about 40 years, Male, Son of Late Md. Mustakim, both are Residents of Village- Mohanpur Kathara, Ward No. 12, Police StationChattapur, District- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-08-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 364/34 of the Indian Penal Code.
Submission is that on the basis of complaint case no. 1131C/18 dated 15.12.2018 which was filed by the informant namely Md. Khurshid which has been later on registered Chhatapur P.S. Case No. 15/2019 against the petitioners and two others and it is alleged therein that on 10.10.2018 the petitioners and Md. Saukat took away his son for playing cricket and injected poison and concealed him. He further stated that a hectic search of victim was made but no clue. He further alleged that petitioner no. 1 said him that the victim has been abducted and sold by them.
Patna High Court CR. MISC. No. 36038 of 2019(3) dt.13-08-2019 2/2 Learned counsel for the petitioners submits that the anticipatory bail granted on the ground of that victim is recovered. Victim has statement under section 164 Cr. P.C. stating therein that on 23.11.2018 at 10 AM Md. Saukat called me his own house where another four accused persons were present. Md. Saukat and Md. Abhin took away on the point of pistol and went to Bhatinda where did different type of works forcefully. There is no specific allegation against the petitioners. The petitioner no.1 has one criminal antecedent in which he is on bail and petitioner no.2 has no criminal antecedent.
In the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Chhatapur P.S. Case No. 15 of 2019 to the satisfaction of the learned C.J.M., Supaul, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) amitkumar/- U T