Md. Alam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17049 of 2018 Arising Out of PS.Case No. -446 Year- 2017 Thana -MANIHARI District- KATIHAR ======================================================
1. Md. Alam S/o Ainul Haque
2. Abdul Rahman@ A. Rahman S/o Amesh Ali
3. Md. Harun @ Harun Rashid S/o Abdul Rahman
4. Abdul Hamid@ Hamid All S/o late Abdul Hasif
5. Md. Rafique S/o Mohd. Hamed Ali
6. Tafazul Haque S/o late S. Bano
7. Md. Ezabul Haque@ Ezabul Haque S/o late S.Bano All are Resident of Sohra Dangi, P.S. Manihari, Distt. Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2018 The petitioners are apprehending their arrest in connection with Manihari P.S. Case No. 446 of 2017, registered for offences punishable under Sections 341, 323, 363/34 of the Indian Penal Code and section 364 of the IPC was later on added. Allegation against the petitioners of abduction of son of inormant.
It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and in fact the informant has taken Rs. 14,00,000/- from the petitioners' side for execution of sale deed with respect to certain piece of land but neither the land was executed nor the money was returned and
Patna High Court Cr.Misc. No.17049 of 2018 (3) dt.19-06-2018 2/3 when they protested, he came out with this false case the said fact is evident from the statement of boy recorded under Section 164 Cr.P.C., in which he has stated that the accused were demanding Rs. 14,00,000/-. Moreover, the boy has returned and he has not made any specific allegation.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Katihar, in connection with Manihari P.S. Case No. 446 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the
Patna High Court Cr.Misc. No.17049 of 2018 (3) dt.19-06-2018 3/3 investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T