Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65292 of 2021 Arising Out of PS. Case No.-53 Year-2019 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Md. Danish Son of Md. Samid Resident of Mohalla - Imamganj, Nala Road, Behind Pir Momin Shah, P.S.- Town, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjana, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Muzaffarpur Town P.S. Case No. 53 of 2019 lodged under Sections 365/366(A)/34 of the I.P.C.

The allegation as per the F.I.R. is against 7 known and 4-5 unknown accused persons that they have kidnapped the minor daughter of informant for wrong intention. Learned counsel for the petitioner submits that there were 2 more criminal cases filed by the informant's side against the petitioner and others. The other 2 cases are of Town P.S.

Patna High Court CR. MISC. No.65292 of 2021(3) dt.11-10-2022 2/3 Case No. 147 of 2019 and Town P.S. Case No. 297 of 2021 with almost of same allegations. Learned counsel for the petitioner submits that in one case he has been granted anticipatory bail by this Hon'ble Court. In another case he was granted bail by the learned District and Sessions Judge whereas in the present case he is persuading bail. Learned counsel submits that petitioner is in custody since 27.07.2021, charge sheet has already been filed in this case and his name has figured in 2 criminal cases and both were filed by the same informant except those, the criminal antecedent of the petitioner is clean.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 53 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date

Patna High Court CR. MISC. No.65292 of 2021(3) dt.11-10-2022 3/3 fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T