Patna High CourtCR. MISC./45761/2019bail granted

Md.Klam @ Md. Klamuddin v. The State Of Bihar

2019-07-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45761 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- RAMGARHWA District- East Champaran ====================================================== Md. Klam @ Md. Klamuddin Son of Md. Hadish Mian Resident of Village - Bashant Patti, P.S.- Purnahiya, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 363/365 of the Indian Penal Code.

The FIR was lodged against unknown on missing of two minors, namely, Prince Kumar, aged about 9 years, and Kunal Bharti, aged about 6 years. On recovery statement of both the minors was recorded under Section 164 Cr.P.C. vide Annexure-2 and both have stated that they had gone along with uncle Guddu Giri on a motorcycle. None of the victims stated that the petitioner was one of them.

Learned counsel for the informant opposed the

Patna High Court CR. MISC. No.45761 of 2019(2) dt.26-07-2019 2/2 prayer on the ground that during investigation it revealed that petitioner had conspired.

Since the victims have not stated anything like their kidnapping nor they have named the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Ramgarhwa P.S. Case No.25 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T