Patna High CourtCR. MISC./40565/2016bail granted

Md. Shakeel @ Md. Guddu v. The State Of Bihar

2016-09-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40565 of 2016 Arising Out of PS.Case No. -231 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Md. Shakeel @ Md. Guddu Son of Md. Shabbir resident of village - Rasalpur Habib, p.s.- Desari, District-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Desari (Chandpura O.P.) Police Station Case No. 231 of 2015, disclosing offences under Sections 363/365/366A/34 of the Indian Penal Code.

Learned Counsel for the petitioner appears to be right in his submission that allegation of kidnapping, as made in the First Information Report, stands falsified by the statement of the alleged victim, recorded under Section 164 of the Code of Criminal Procedure, 1973, which has been brought on record by way of Annexure-2 to the present application.

This application stands allowed accordingly.

Patna High Court Cr.Misc. No.40565 of 2016 (2) dt.22-09-2016 2/2 Let the petitioner, Md. Shakeel @ Md. Guddu, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Aditya Pandey, Judicial Magistrate, 1st Class, Vaishali, at Hajipur, in connection with Desari (Chandpura O.P.) Police Station Case No. 231 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √