Abre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39791 of 2017 Arising Out of PS.Case No. -17 Year- 2016 Thana -JAMOBAZAR District- SIWAN ======================================================

1. Abre Alam, Son of Manauwar Ali, Resident of Village- Rachhopali, P.S.- Jamo Bazar, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Jamo Bazar P.S.Case no.17 of 2016 registered for offences punishable under Sections 366A/34 of the Indian Penal Code. Allegation against the petitioner is kidnapping the daughter of the informant and also committing rape. Submission of the learned counsel for the petitioner is that the whole family members have been made accused in this case. It is further submitted that the informant is in the habit of lodging such type of cases. Earlier also she had lodged a case against the elder brother of the petitioner, which will appear from paragraph nos. 42 and 43 of the case diary. It has also been submitted that the petitioner is in custody for about seven months

Patna High Court Cr.Misc. No.39791 of 2017 (4) dt.06-11-2017 2/2 and the Doctor has also found that the girl is major. Heard learned A.P.P. also.

Having heard both sides and in view of facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XIII, Siwan in connection with Jamo Bazar P.S.Case No.17 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within jurisdiction of the concerned court.

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

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T