Md. Saheem Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67600 of 2018 Arising Out of PS. Case No.-225 Year-2018 Thana- SONO District- Jamui ====================================================== Md. Saheem Ansari Son of Md. Serajuddin Ansari Resident of Village- Ashraf Mohalla- Purankadhi, P.S. Simultalla, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar For the Opposite Party/s :

Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Sono P.S. Case No. 225 of 2018 registered for the offence punishable under Sections 363, 365, 302 and 201 of the Indian Penal Code.

Informant is the father of deceased, who in his written complaint addressed to the Officer-in-Charge of Sono P.S. has stated that on 11.08.2018 at about 5:00 pm, his son had gone to market but thereafter did not return and at about 7:30 pm, he received a call on his mobile from his son who told him that he has been kidnapped and kept in jungle and named the person as Rajesh who has abducted him. On the next day dead body of his son was found.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case.

Patna High Court Cr.Misc. No.67600 of 2018(3) dt.05-12-2018 2/2 Except the confessional statement of co-accused Nayaz Ansari there is no any incriminating material against the petitioner. Petitioner has got no criminal antecedent and is in custody since 21.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jamui, in connection with Sono P.S. Case No. 225 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U