Patna High CourtCR. MISC./17571/2017bail granted

Md. Taiyab And ORS v. The State Of Bihar

2017-04-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17571 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -PURANHIA District- SHEOHAR ======================================================

1. Md. Taiyab, Son of Md. Isaraial @ Esrafil,

2. Vishwanath Kumar, Son of Ram Lal Thakur.

3. Shobha Prasad @ Munindra Kumar, Son of late Shiv Shankar Prasad. All are resident of Village Pandrahi, P.S. Belsand, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363/366A/34 of the Indian Penal Code.

Submission of the petitioner is that the entire episode reveals that the matter is of love-affairs because the victim was allegedly kidnapped in the past also and co-accused Molana Tahir Hussein was made accused in that case. Again she was allegedly kidnapped by Molana Tahir Hussein and others. In her statement under Section 164 Cr.P.C. the victim stated that petitioners were also sitting on the same Sumo vehicle on which she was seated by her kidnappers from the motorcycle.

Patna High Court Cr.Misc. No.17571 of 2017 (2) dt.26-04-2017 2/2 Considering the fact that there is no specific accusation against the petitioner, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sheohar/Successor Court in connection with Purnahiya Police Station Case No.7 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioners in this case.

(Birendra Kumar, J) Mkr./- U T