Patna High CourtCR. MISC./42076/2018bail granted

Md. Ishtiyaq @ Md. Istaiq @ Md. Istayak v. The State Of Bihar

2018-07-20Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42076 of 2018 Arising Out of PS. Case No.-378 Year-2017 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Md. Ishtiyaq @ Md. Istaiq @ Md. Istayak Son of Md. Rajjaq, Resident of Mohalla- Momin Tola, Jagdishpur, Police Station- Jagdishpur, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj For the Opposite Party/s :

Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-07-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Jagdishpur P.S. Case No. 378 of 2017 dated 26.08.2017 instituted for the offences under Sections 363 and 365 of the Indian Penal Code. The son of the informant went missing from 16.08.2017 but the case against the petitioner and another was lodged on 26.08.2017 and that also on the basis of suspicion. The son of the informant thereafter returned and gave his statement under Section 164 Cr.P.C.

Learned counsel for the petitioner has submitted that the son of the informant tried to run away to Delhi along with one Minna who is his friend.

Patna High Court Cr.Misc. No.42076 of 2018(2) dt.20-07-2018 2/2 However, two children were prevented from going to Delhi and brought back home by the petitioner. Thereafter, the son of the informant was sent to him. The instant case has been lodged, it has been argued, because of land dispute between the petitioner and the informant.

Regard being had to the nature of accusation and the tenor of the statement made by the so-called victim under Section 164 Cr.P.C., the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. Case No. 378 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T