Md. Sazzad Alam @ Md. Sahzad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67373 of 2023 Arising Out of PS. Case No.-603 Year-2019 Thana- SUPAUL District- Supaul ====================================================== MD. SAZZAD ALAM @ MD. SAHZAD ALAM Son of Md. Akram Sah R/o Thadhi Bhawanipur, P.S. - Pipra, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Kumar Mehta, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 364, 365, 341, 323, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons including this petitioner kidnapped speciallyabled minor son of the informant and got him confined in the house of the other co-accused persons. It is further alleged that when informant went to the house of the accused persons, they abused and assaulted him.

4. It is submitted on behalf of the petitioner that petitioner is maternal uncle of the child in question. As a matter

Patna High Court CR. MISC. No.67373 of 2023(2) dt.19-10-2023 2/3 of fact, son of co-accused Sah Matin was deaf and dumb and he was taken to Delhi for his treatment in the year 2005 where he went missing and F.I.R. to that effect was lodged with the police. Thereafter, when the allegedly kidnapped child reached the house of this petitioner then he informed about it to the coaccused Sah Matin and his brother, namely, Md. Giyasuddin also informed about it in writing to the Supaul Police Station and Pipra Police Station. It is further submitted that if the accused persons had any ill intention, then they would not have informed the police about the recovery of the child. It is lastly submitted that the child in question has already been handed over to the informant.

5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Chief Judicial Magistrate, Supaul in connection with Supaul P. S. Case No. 603 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.67373 of 2023(2) dt.19-10-2023 3/3 Procedure.

(Prabhat Kumar Singh, J) Navya/- U T