Patna High CourtCR. MISC./32889/2017allowed

Md. Anwar And ANR v. The State Of Bihar

2017-08-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32889 of 2017 Arising Out of PS. Case No.-309 Year-2015 Thana- BIHARSHARIF District- Nalanda ====================================================== 1.

Md. Anwar, Son of Md. Salim, 2.

Md. Tamannu @ Tamannau, Son of Sadre Alam, Both resident of Village- Mahmuda, P.S.- Khudaganj, District- Nalanda. At present at Mohalla- Banaulia, P.S.- Bihar, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the Opposite Party/s :

Mr. SRI TAPESHWAR SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-08-2017 Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with Bihar P.S. Case No. 309 of 2015 registered for the offence punishable under sections 370, 370A, 371 of the Indian Penal Code. Learned counsels appearing for the petitioners submits that earlier also a case was lodged at Haydrabad and the present case with the same set of allegations has been lodged after three years without any explanation. The present case has been lodged only to extort money from the petitioners. During investigation, none of the witnesses has supported the prosecution case. Petitioners have no criminal antecedent.

Considering the facts and circumstances of the case and the submissions of advanced on behalf of the parties, let the

Patna High Court Cr.Misc. No.32889 of 2017(3) dt.28-08-2017 2/2 petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 309 of 2015 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T