Patna High CourtCR. MISC./44633/2018allowed

Rashid Ali @ Rashid Anwar v. The State Of Bihar

2018-07-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44633 of 2018 Arising Out of PS.Case No. -233 Year- 2018 Thana -TURKAULIYA DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Rashid Ali @ Rashid Anwar Son of Ansarul Haque Resident of VillageJanerwa, P.S. Banjariya, Distt. East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Rathore, Advocate For the Opposite Party/s : Md. Arif, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Turkauliya (Banjariya) P.S.Case No. 233 of 2018, registered for offences punishable under Sections 366A and 506/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is of kidnapping the minor daughter of the informant. Submission of the learned counsel for the petitioner is that the statement of the victim girl has been recorded under Section 164 Cr.P.C. , which falsify the prosecution story as she has not stated about the kidnapping.

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

Patna High Court Cr.Misc. No.44633 of 2018 (2) dt.31-07-2018 2/2 Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S.Case No. 233 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/- U T