Md. Azaran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47239 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== Md. Azaran Son of Gulam Rabbani Resident of Village - Mirzapur, P.S.- Bochahan, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Gaighat P.S. Case No. 83 of 2019, registered for the offences punishable under Sections 363, 365 and 34 of the Indian Penal Code.

It is alleged that petitioner had kidnapped her minor girl and confined her for committing her murder with ill motive. It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Name of petitioner has come in this case as the factory from where the girl was recovered is owned by the petitioner. Moreover, the victim girl has not taken the name of this petitioner. Petitioner is in custody since 23.04.2019 having clean antecedent.

In view of the fact that the victim girl has not taken

Patna High Court CR. MISC. No.47239 of 2019(3) dt.24-10-2019 2/2 the name of this petitioner in her statement under Section 164 Cr.P.C and the fact that petitioner is in custody since 23.04.2019, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 15th, Muzaffarpur in connection with Gaighat P.S. Case No. 83 of 2019, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers 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 petitioner. (Prabhat Kumar Singh, J) vinita/- U T