Md. Akram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20698 of 2017 Arising Out of PS.Case No. -408 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Md. Akram Son of Md. Isamul @ Isamul Resident of Village- Nurpur, Police Station- Barauni, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 The petitioner seeks regular bail in connection with Barauni P.S. Case No. 408 of 2016, registered for offences punishable under Section 366(A) of the Indian Penal Code. Allegation against the petitioner is of kidnapping the victim girl.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. In fact, there was love affair between the petitioner and the girl and further there is contradiction between the manner of occurrence mentioned in the F.I.R and statement of the girl recorded under Section 164 Cr.P.C. Petitioner has been languishing in judicial custody since 13.11.2016.

Patna High Court Cr.Misc. No.20698 of 2017 (2) dt.09-05-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and the period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Begusarai, in connection with Barauni P.S. Case No. 408 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a close relative having sufficient immovable property within the jurisdiction of the concerned Court.

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

(iii) The petitioner 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

Patna High Court Cr.Misc. No.20698 of 2017 (2) dt.09-05-2017 3/3 of his bail.

It is also made clear that if the petitioner made any attempt for harassing the girl and his family members, in future, prosecution will be free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) sunil/- U T