Sohran Ali @ Monu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31366 of 2015 Arising Out of PS.Case No. -33 Year- 2014 Thana -BARAULI District- GOPALGANJ ====================================================== Sohran Ali @ Monu Son of Farman .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Dikshit, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

It is alleged that the brother of the informant, namely, Raju Sah abducted the daughter of the co-accused Jaleshwar Prasad Soni when the threat was given to informant side. On 12.03.2014, the mother of the informant was found dead. Hence, the FIR was lodged against Jaleshwar Prasad Soni and Guru Kripa Soni. Name of the petitioner sprang up by virtue of tracking of conversation on mobile number 8083671232. The name of the petitioner further sprang up in 164 Cr.P.C. statement of niece of the victim namely Pratima Kumari, who suggested that the petitioner used to visit the victim and the victim took Rs.10,000/- from the petitioner for which there was some dispute but the victim Pratima Kumari has lastly stated that she does not know about the incident at all.

Patna High Court Cr.Misc. No.31366 of 2015 (2) dt.05-08-2015 2/2 It is submitted by learned counsel for the petitioner that neither the petitioner is named in the FIR nor the alleged mobile is registered in his name and only on the basis of suspicion, the petitioner has been tried to rop in the present case. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Barauni P.S. Case No.33 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Ashwini/- U T