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Patna High CourtCR. MISC./44317/2017bail granted

Akaram Ali @ Sonu v. The State Of Bihar

2017-11-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44317 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -MAJHAHGARH District- GOPALGANJ ====================================================== Akaram Ali @ Sonu, son of Sheikh Ali Akhtar, Resident of VillageManjhagarh Langatu Hata, Police Station-Manjhagarh, District-Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Manjhagarh P.S.Case No. 84 of 2017 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code. Allegation against the petitioner and other accused person is of kidnapping minor daughter of informant. Submission of learned counsel for the petitioner is that petitioner has falsely been implicated in this case and the victim girl was living in Delhi with co-accused as wife and husband and later on after two months when she was recovered her statement under Section 164 Cr.P.C. was recorded which shows that though there is allegation against the petitioner of kidnapping but she was in Delhi for some days along with co-accused and in spite of that no information was given either to the police or her family members and he is in custody for five months, having no criminal antecedent.

Heard learned APP and learned counsel for the

Patna High Court Cr.Misc. No.44317 of 2017 (4) dt.13-11-2017 2/2 informant. They have opposed the prayer for bail stating that there is allegation against the petitioner that he along with co-accused has taken away the victim girl.

Having heard both sides and in view of facts and circumstances, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj, in connection with Manjhagarh P.S.Case No. 84 of 2017, subject to the following conditions :

(1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner shall co-operate in trial and appear on each and every date in court and on failure to appear on two consecutive dates without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U