Md. Azam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49881 of 2016 Arising Out of PS.Case No. -232 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ======================================================
1. Md. Azam, Son of Md. Rashid
2. Md. Salim, Son of late Kalimudidin
3. Md. Saddam @ Md. Saddam Hussain, Son of Md. Rashid, All are residents of Sinhgol Lal Tola P.S. Azam Nagar, District Katihar .... Petitioners
Versus
1. The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ajit Kumar Singh, Adv. For the Opposite Party : Mr. Anish Chandra, APP 183 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-01-2017 Heard the learned counsel for the petitioners and the State.
This is a petition for grant of anticipatory bail for offence under Sections 147, 364 and 120B of the Indian Penal Code.
Abdul Kalam is son of the informant who had gone to work in the small scale industry of the petitioner at Delhi. He did not return to his villager after three years. Then, the informant suspected that the petitioner and others have kidnapped him. Submission of the petitioners is that there is no motive alleged. More over, the petitioner has stated that since last one year the victim had left the job. Admittedly, he was major and no motive is alleged against the petitioner.
Considering the fact that only suspicion is there against the petitioners, above named, they, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Azam Nagar P.S. Case No.
Patna High Court Cr.Misc. No.49881 of 2016 (3) dt.20-01-2017 2/2 232 of 2016 to the satisfaction of the Judicial Magistrate, 1st Class, Katihar, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √