Md. Kadir @ Abdul Kadir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61026 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- SAHARGHAT District- Madhubani ====================================================== MD. KADIR @ ABDUL KADIR S/o AHMAN HASSAIN R/o VILLAGEBAIRBA, P.S-MADHWAPUR, DISTRICT-MADHUBANI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Advocate Mr. Gagandeo yadav, Advocate For the Opposite Party/s:

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-06-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today. Heard learned counsel for the parties.

The petitioner seeks anticipatory bail in connection with Saharghat P.S. Case No. 10/2021, registered for the offences under Sections 419, 420 and 406/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that F.I.R. of this case was alleged after two years of alleged occurrence and admittedly the informant went to Oman (Saudi Arab) country in the light of Visa and ticket provided by this petitioner and the main dispute was concerned to wages of the informant and

Patna High Court CR. MISC. No.61026 of 2021(2) dt.07-06-2022 2/3 the alleged offences under Sections 419, 420 and 406/34 of the I.P.C are not made out. There is no allegation of committing forgery by this petitioner with the informant. Learned Additional Public Prosecutor opposes the prayer for anticipatory bail.

Having considered above submissions as well as facts and circumstances of this case. There is no dispute about the informant having gone to Oman country in the light of the Visa and ticket provided by this petitioner and the main dispute is concerned to nature of the job as well as wages and as per paragraph no. 3 of bail petition petitioner has got no criminal antecedent and there is inordinate delay in lodging the present case.

Considering the above facts, let the petitioner above named, in the event of his arrest/surrender within four weeks from today in the court below, 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 A.C.J.M.-II, Benipatti, District-Madhubani in connection with Saharghat P.S. Case No. 10/2021, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Further on this condition, petitioner shall deposit his

Patna High Court CR. MISC. No.61026 of 2021(2) dt.07-06-2022 3/3 passport in the Court below, and will not leave the country (India) without the permission of Court below during the trial, if he faces trial for the alleged offences.

(Shailendra Singh, J) kamlesh/- U T