Md. Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47521 of 2016 Arising Out of PS.Case No. -56 Year- 2014 Thana -BEGUSARAI GRP CASE DistrictBEGUSARAI ====================================================== Md. Rizwan, Son of Md. Abbas, Resident of Village- Singhaul, P.S. Muffasil (Singhaul O.P), District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-11-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Rail Barauni P.S. Case No.56 of 2014 for allegedly having committed the offence under Section 364/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R., but the name of the petitioner has been brought in as the boy, who had eloped with the girl, had been communicating with one Md. Parwez on his mobile. On inquiry, it came to be known that the photo of the present petitioner was pasted on the application for SIM, which was being used by said Md. Parwej. It is only on the said basis

Patna High Court Cr.Misc. No.47521 of 2016 (2) dt.10-11-2016 2/2 that the name of the petitioner has been brought into the present case. Learned counsel for the petitioner further points out to an order dated 10.9.2015 passed in Cr.Misc. No.17815 of 2015, whereby other co-accused persons have been extended the privilege of anticipatory bail in connection with the said case. Considering the nature of allegations made and that other co-accused persons have been extended the privilege of anticipatory bail and also because the F.I.R.

of the present case was lodged after a period of nearly one and a half years, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Barauni, in connection with Rail Barauni P.S. Case No.56 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T