Patna High CourtCR. MISC./42097/2014bail granted

Abus Samad @ Abdul Samad And ANR. v. The State Of Bihar

2015-02-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42097 of 2014 Arising Out of PS.Case No. -137 Year- 2013 Thana -PUPRI District- SITAMARHI ======================================================

1. Abus Samad @ Abdul Samad Son of Md. Suleman

2. Md. Murtuza Son of Md. Usman Both Resident of Village -Bargachia, P.S. - Pupri, Dist.-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-02-2015 Heard both sides.

The petitioner seeks bail in Pupri P.S. Case No. 137 of 2013 registered under sections 363, 365/34 of the Indian Penal Code.

The informant named the petitioner and alleged that he came to know from Md. Jafir, Md. Kadir and Md. Masibur Rahman that the petitioner and other accused persons were taking away her daughter towards Pupri.

Learned counsel for the petitioner submits that the petitioners are on inimical terms. Bustana Khatoon earlier lodged Pupri P.S. Case No. 103 of 2013 under sections 353, 354, 386 of the Indian Penal Code. Prior to present case petitioner no.1

Patna High Court Cr.Misc. No.42097 of 2014 (3) dt.10-02-2015 2/2 Abdus Samad lodged Pupri P.S. ?Case no. 108 of 2013 under section 365 and other allied sections of the Indian Penal Code. The petitioners are relatives of the informant. The victim returned. The victim was not recovered from the possession of the petitioners. Victim made her statement under section 164 Cr.P.C. and she disclosed that the petitioners and other persons took her but she did not complain any ill treatment at the hands of the petitioners.

Considering the aforesaid facts and the nature of allegation against the petitioners and the fact that the petitioners have remained in jail for more than six months, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M. Pupri, Sitamarhi in Pupri P.S. Case No. 137 of 2013.

(Prabhat Kumar Jha, J) M.Rahman/- U T