Md. Gyas And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34103 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -JANKINAGAR District- PURNIA ======================================================

1. Md. Gyas, son of Md. Rahman, of Village- Ramjani, P.S.- Janki Nagar, District- Purnea,

2. Md. Parwej Alam, son of Md. Mustaque, of Village- Madhepura Nagar Raja Complex Nursing Home, P.S.- Madhepura, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Dr. Bidhu Ranjan, Advocate, For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 06-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Janki Nagar P.S. Case No.70 of 2017 instituted for the offence under Section(s) 364, 120-B Indian Penal Code.

It is alleged in the written report that son of the informant had taken loan of rupees fifteen thousand from petitioner No.1, who did not return the money. The petitioners took the son of the informant on 29.03.2017 to Madhepura on his motorcycle. Petitioners took the son of informant at the house of Md. Ehsan and Md. Parwej, who are running a private clinic there, where he was kept and confined. The accused persons told the son of the informant to make telephone call to informant to bring rupees three lac and then he will be released.

Patna High Court Cr.Misc. No.34103 of 2017 (4) dt.06-09-2017 2/3 The victim has given statement under Section 164 Cr. P. C., wherein, he has not leveled specific allegation of demand of ransom against these petitioners. He has stated that he was confined in a room by Brajesh Kumar and Roushan Yadav. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Janki Nagar P.S. Case No.70 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

Patna High Court Cr.Misc. No.34103 of 2017 (4) dt.06-09-2017 3/3 U T