Md. Israil @ Md. Ismail @ Ismail And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55051 of 2017 Arising Out of PS.Case No. -195 Year- 2016 Thana -BISFI District- MADHUBANI ======================================================

1. Md. Israil @ Md. Ismail @ Ismail, S/o Late Abdul Rauf

2. Sabila Khatoon, wife of Md. Israil @ Md. Ismail Both are residents of village - Bhairba (Bengra) Tole - Banhidih, P.S. Bisfi, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ratanakar Jha, Advocate. Smt. Kusum Rani, Advocate.

For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Bisfi P.S. Case No. 195 of 2016, G.R. No. 794 of 2016 instituted for the offence under Sections 363, 366(A) and 34 of the Indian Penal Code.

It has been submitted that victim girl in her statement under Section 164 Cr. P.C. has levelled specific allegation against Md. Khair of kidnapping her. It has further been submitted that these petitioners are parents of Md. Khair.

In the written report merely vague and omnibus allegation has been levelled against the petitioners.

Patna High Court Cr.Misc. No.55051 of 2017 (2) dt.16-11-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bisfi P.S. Case No. 195 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipatti, 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. (Sanjay Priya, J) S.Ali/- U T