Patna High CourtCR. MISC./53762/2017bail granted

Md. Quadir @ Babua v. The State Of Bihar

2017-11-09Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53762 of 2017 Arising Out of PS.Case No. -168 Year- 2016 Thana -BAUSI District- PURNIA ====================================================== Md. Quadir @ Babua s/o Md. Sattar, r/v-Chatangi Hat, P.S. - Baisi, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar, Adv. For the Opposite Party/s : Mr. Abhay Kumar - 1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Baisi P.S. Case No. 168/2016, registered for the offence punishable under Sections 363, 365 and 34 of the Indian Penal Code. The petitioner and other accused persons are said to have kidnapped the brother of the informant in order to perform his marriage with the daughter of the co-accused Md. Wahid. It is submitted by the learned counsel for the petitioner that petitioner has been falsely implicated in the case. As a matter of fact, the daughter of the co-accused Md. Wahid has filed complaint case under Section 376 and other allied sections of the Indian Penal Code against the informant and others earlier to this case and in order to save skin from the said case, the informant

Patna High Court Cr.Misc. No.53762 of 2017 (2) dt.09-11-2017 2/2 making his brother disappeared has filed this false and frivolous case against the petitioner and others. The offence is said to be of 24.08.2016, but the F.I.R. was lodged after inordinate and abnormal delay i.e. on 06.10.2016 without assigning any plausible reason for the said delay. The petitioner has been languishing in custody since 10.01.2017. Similarly situated co-accused Md. Sabir has been granted bail by a coordinate bench of this court vide order dated 18.10.2017 passed in Cr. Misc. 48724/2017. Considering the facts and circumstances of the case, the above named petitioner, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Purnea in connection with Baisi P.S. Case No. 168/2016.

(Prakash Chandra Jaiswal, J.) Vinita/- U T