Aslam Ali v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1243 of 2016 (6) dt.09-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1243 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -JIRADEI District- SIWAN ====================================================== Aslam Ali .... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Kumar Tiwary For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 The appellant seeks regular bail in connection with Zeeradei P.S. Case No. 13 of 2016, registered for offences punishable under Sections 366, 366A/34 of Indian Penal Code and Section 3(x) of SC/ST (POA) Act.

Allegation against the appellant is of kidnapping minor daughter of the informant.

It has been submitted on behalf of the appellant that in this case statement of girl under Section 164 Cr.P.C. has been recorded, in which she has not supported the case of prosecution and further appellant has been in judicial custody since 20.08.2016.

Heard learned Special P.P. also.

Having heard both sides, in view of the facts as stated above, this appeal is allowed and impugned order is set aside. Let the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two

Patna High Court CR. APP (SJ) No.1243 of 2016 (6) dt.09-10-2017 sureties of the like amount each to the satisfaction of learned ACJM-1st, Siwan, in connection with Zeeradei P.S. Case No. 13 of 2016, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T