Md. Banni @ Banni @ Tanbir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19819 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -PURANHIA District- SHEOHAR ====================================================== Md. Banni @ Banni @ Tanbir, Son of Md. Amsul, Resident of Village - Pandrahi, P.S. - Belsand, District - Sitamarhi. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Purnahiya P.S. Case No. 07 of 2016, registered under Sections 363 and 366(A)/34 of the Indian Penal Code.
The prosecution case is that earlier the daughter of the informant was kidnapped by one Md. Tahir regarding which Purnahiya P.S. Case No. 03 of 2016 was instituted. On 25.01.2016 daughter of the informant had gone to outside the house, but she did not return and on search no trace was found. In course of search, she learnt that her daughter was seen with Md. Tahir and one other on motorcycle bearing Reg. No. BR30L-4049. Learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.19819 of 2016 (2) dt.13-05-2016 2/3 petitioner is not named in the F.I.R. The statement of victim under section 164 of Cr.P.C. was recorded in which she has stated about her taking away on motorcycle by Sanjeev Kumar, Banni (Petitioner) and Jamshed, who boarded her in the Sumo in which Md. Tahir and two others were already occupied their seat, except that she was not stated anything against the petitioner. Further submission is that, in fact, there is love affair in between the victim and Md. Tahir, who fled away out of their sweet will. Further submission is that similarly situated coaccused Jamshed has already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 28.03.2016 passed in Criminal Misc. No. 12621 of 2016, who is also said to be took away the victim in association with this petitioner. The petitioner having no criminal antecedent is in custody since 01.02.2016.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sheohar in connection with Purnahiya P.S. Case No. 07 of 2016. (Rajendra Kumar Mishra, J) manish/-
Patna High Court Cr.Misc. No.19819 of 2016 (2) dt.13-05-2016 3/3 U T