Md. Wakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12738 of 2017 Arising Out of PS.Case No. -197 Year- 2016 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Md. Wakil, S/o Late Md. Muslim, R/o Village- Baintara, P.S.- Bajpatti, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dinesh Jha, Advocate For the Opposite Party/s : Mr. Madhuranand Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Bajpatti P.S Case No. 197 of 2016 registered for the offences punishable under Section 363, 366(A)/34 of the Indian Penal Code. Allegedly, Md. Zahir the son of the petitioner with the help of his friend Nawaz Sharif and with aid and assistance of petitioner and his wife fled away after taking the minor daughter of the informant aged about 14 years and the mobile of Zahir is also switched of Submission is of false implication and that the petitioner is the father, he has got no concern. As a matter of fact, love affair was going on between Zahir and the daughter of the informant and both had fled away and both are still traceless and,

Patna High Court Cr.Misc. No.12738 of 2017 (2) dt.13-04-2017 2/2 as such, the petitioner has got no concern, without any fault he is suffering in custody since 01.12.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, he deserves sympathetic consideration.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering that now there is no chance of tampering with the prosecution evidence and, as such, petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction learned S.D.J.M., Pupri at Sitamarhi, in connection with Bajpatti P.S. Case No. 197 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U