Md. Abdul Salam @ Abdul Salam @ Ekhlak And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40642 of 2016 Arising Out of PS.Case No. -94 Year- 2015 Thana -NAUHATTA District- SAHARSA ======================================================

1. Md. Abdul Salam @ Abdul Salam @ Ekhlak, Son of Ahsanul Haque, resident of Village Dibra, P.S. Nauhatta, District Saharsa.

2. Md. Rabban @ Md. Rabbani son of Md. Zakir, resident of Village Chhatwan, P.S. Nauhatta, District Saharsa.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-11-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered under Section 364/34 of the Indian Penal Code.

The informant, being mother of the victim, claimed that her son-in-law gave information to her that victim left Delhi along with petitioners but subsequently, victim was found missing. In search of victim, her son-in-law went to the house of petitioner no.1, who handed over some clothes and other articles of the victim and disclosed that while they were coming from Delhi, deceased was found missing. The aforesaid fact appears to have been corroborated by some witnesses in course of investigation

Patna High Court Cr.Misc. No.40642 of 2016 (3) dt.22-11-2016 2/2 and except the aforesaid material, there appears to be nothing against the petitioners, who are languishing in jail custody since 11.8.2016.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, IIIrd, Saharsa in connection with Nauhatta P.S. Case No.94 of 2015. (Hemant Kumar Srivastava, J) N.H./- U T