Md. Nasim @ Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37841 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Md. Nasim @ Nasim, son of late Nasir, resident of village-Bokra, P.S.- Simraha, District-Araria, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Ravish Mr. Kashyap Kaushal For the Opposite Party/s : Mr. Syed Ehteshmuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-08-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Forbesganj (Simraha) P.S. Case No. 30 of 2017, registered for the offence punishable under Sections 363/366(A)/34 of the Indian Penal Code.

The allegation is with regard to kidnapping of the daughter of the informant for the purpose of solemnizing marriage by the accused persons.

It is submitted by the learned counsel for the petitioner that similarly situated co-accused person has been allowed bail by this Court by an order dated 24.05.2017 passed in Criminal Miscellaneous No. 23855 of 2017. It is further submitted that the informant has filed a petition before the learned trial court saying that under mistaken belief he had filed the connected

Patna High Court Cr.Misc. No.37841 of 2017 (2) dt.10-08-2017 2/2 case. However, the fact is that his daughter on her own free will had gone with Md. Shamim and the other accused persons are innocent. The petitioner does not have any criminal antecedent and is said to be the elder brother of Md. Shamim. Having regard to the facts and circumstances of the case and also the fact that similarly situated co-accused person has been allowed bail by this Court, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S. Case No. 30 of 2017.

(Mohit Kumar Shah, J) ajaypd./- U T