Patna High CourtCR. MISC./38419/2014bail granted

Md. Prawez Alam And ANR. v. The State Of Bihar

2015-01-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38419 of 2014 Arising Out of PS.Case No. -169 Year- 2013 Thana -AMAUR District- PURNIA ======================================================

1. Md. Prawez Alam Son of Abdul Hafiz @ Hasib Resident of Village - Majarahi, P.S. - Amour, District - Purnea.

2. Md. Imitiyaz S/o Md. Hasim Resident of Village - Sihalo, P.S. - Amour, District - Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Ashok Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2015 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Petitioners seek their bail in a case registered under section s 363, 366(A) of the Indian Penal Code. The informant named six persons in the first information report and alleged that they might have kidnapped his minor daughter.

Learned counsel for the petitioners submits that the police after investigation submitted final form finding the case false against the petitioners and submitted charge sheet only against Umar Farooque. The victim was recovered and she

Patna High Court Cr.Misc. No.38419 of 2014 (3) dt.28-01-2015 2/2 made her statement under section 164 Cr.P.C. in which she disclosed that Umar Farooque forcibly got her sited in a Bolero Jeep . The victim did not make specific allegation of kidnapping against the petitioners. On the other hand, learned counsel for the informant submits that the trial has already commenced and four witnesses have already been examined.

Having considered the fact that petitioners are not named in the first information report and even the victim did not make specific allegation of kidnapping against the petitioners and the police did not find the case true, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Purnea in Amour P.S. Case No. 169 of 2013.

Rahman/- (Prabhat Kumar Jha, J) U T