Md. Rafique @ Rafikul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15198 of 2017 Arising Out of PS.Case No. -10 Year- 2016 Thana -PRANPUR District- KATIHAR ====================================================== Md. Rafique @ Rafikul Haque, S/o Md. Elias, R/o Bijaili, P.S. Dandkhora, Distt. - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 14-06-2017 Heard learned counsels for the petitioner and the State.

The petitioner apprehends his arrest in connection with Pranpur P. S. Case No. 10 of 2016 instituted under Sections 365, 420 and 120B of the Indian Penal Code.

The allegation, in brief, is that both the named accused persons came to the house of the informant and promised her husband to ensure some job to him at Sasaram. So taking Rs. 30,000/-, her husband went Sasaram along with the accused persons but thereafter he did not return back. Learned counsel for the petitioner submits that petitioner is the close relative of the informant and merely on suspicion, he has been made accused, in fact, her husband had not gone Sasaram with this petitioner though he had gone with his

Patna High Court Cr.Misc. No.15198 of 2017 (3) dt.14-06-2017 2/3 brother-in-law and another similarly situated co-accused Md. Akbar @ Md. Akbar Ali has been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 14.02.2017 in Cr. Misc. No. 4802 of 2017.

Having considered the aforesaid facts and circumstances, let the petitioner, namely, Md. Rafique @ Rafikul Haque, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri U.K.Sharma, A.C.J.M.- I, Katihar in connection with Pranpur P.S.Case No. 10 of 2016; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973 with further conditions: (a) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(b) The petitioner will not induce any witness or tamper with the evidence.

(c) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police. On the event of failure on his part to appear before the court below on two consecutive dates without showing any

Patna High Court Cr.Misc. No.15198 of 2017 (3) dt.14-06-2017 3/3 genuine reason, the prosecution is free to move for cancellation of his bail.

(Arun Kumar, J) Sujit/- U