Md. Jan Alam @ Jahan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41289 of 2018 Arising Out of PS.Case No. -546 Year- 2014 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Md. Jan Alam @ Jahan Alam son of Kadir, resident of Village- Pichla Idgah Tola, Police Station- Kishanganj, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Kishanganj P.S.Case No. 546 of 2014 registered for offences punishable under Sections 363, 366(A) and 372 of the Indian Penal Code.

As per FIR, allegation against the petitioner is of kidnapping the daughter of the informant for selling her for prostitution.

Submission of the learned counsel for the petitioner is that the petitioner is not named in the FIR but the statement of the victim girl recorded under Section 164 Cr.P.C. by Delhi Seemapuri Police, wherein she has stated the name of two persons and stated her age is to be 18 years, who have been granted anticipatory bail vide order dated 29.03.2018 passed in Cr. Misc.

Patna High Court Cr.Misc. No.41289 of 2018 (3) dt.25-09-2018 2/2 No. 10779 of 2018 (Annexure-3).

Heard learned A.P.P also opposes for bail stating that the statement of the victim girl recorded under Section 164 Cr.P.C., wherein she has named the petitioner and the petitioner is in custody since 15.05.2018.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 546 of 2014, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T