Md. Sallam @ Salam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48778 of 2015 Arising Out of PS.Case No. -289 Year- 2015 Thana -KRITYANAND NAGAR District- PURNIA ======================================================
1. Md. Sallam @ Salam S/o Md. Saghir, resident of villageMohammadpur, Tola- Hat Dhanhara, P.S.- S.K. Nagar, District- Purnia .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Pramod Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with K.Nagar (Champanagar) P.S.Case No. 289 of 2015 instituted under Sections 363, 366/34 of the Indian Penal Code. It is alleged by the informant ( Md. Tajammul) that on 10.6.2015 at about 5 P.M. his daughter Khalid Perween aged about 22 years went to the nearby field for plucking the "Sag" but she did not return house till now. Later on the informant traced out that his villager Md. Sallam, Md. Ali and Kasberi Khatoon abducted his daughter and went away anywhere. The informant lodged a sanha in Champa Nagar Police Station regarding the said matter.
It is submitted on behalf of the petitioner that the
Patna High Court Cr.Misc. No.48778 of 2015 (3) dt.04-02-2016 2/2 petitioner has no criminal antecedent. It is further submitted that the alleged occurrence is said to have taken place on 10.5.2015 but the case was instituted on 22.6.2015. The delay in instituting the present case has not been explained by the prosecution. It is further submitted that prior to the institution of the present case, Complaint Case No. 2007 of 2015 was instituted by the petitioner against the informant. Independent witnesses in paras 15 and 16 have not supported the prosecution case.
On behalf of the State, it is submitted that the petitioner is named in the FIR.
Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with K.Nagar (Champanagar) P.S.Case No. 289 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T