Hashmat Ali @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25241 of 2017 Arising Out of PS.Case No. -52 Year- 2016 Thana -SAKATPUR District- DARBHANGA ====================================================== Hashmat Ali @ Bhola Son of Ashraf Ali, Resident of Village-Kakodha, P.S. Sakatpur, District-Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Sakatpur P.S. Case No. 52 of 2016 registered for offences under sections 363, 366(A), 34 of the Indian Penal Code.

As per allegation, the brother of the Informant was kidnapped by Md. Akbar and allegation has been made that the parents and brother of Raj Kumar Singh has cooperated to take away the girl for the purpose of marriage.

The statement under Section 164 has been made by the girl wherein she has stated that Md. Akbar has taken away the girl and assistance was given by his brother-in-law, his middle

Patna High Court Cr.Misc. No.25241 of 2017 (3) dt.13-07-2017 brother and Raj Kumar Singh.

Learned counsel for the petitioner submits that the petitioner is the younger brother and is not the middle brother. In that view of the matter, let the petitioner should file his genealogical table before the court below and if it is found that the petitioner, namely, Hasmat Ali @ Bhola is not the middle brother, the court below would do limited enquiry, if finding comes in favour of the petitioner, the court below in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 learned Additional Chief Judicial Magistrate, IV, Darbhanga in connection with Sakatpur P.S. Case No. 52 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shivaji Pandey, J) Rishi/- U T