Amzad Khan And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.45348 of 2017 (3) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45348 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -AMAS District- GAYA ======================================================

1. Amzad Khan,

2. Imran Khan, Both are sons of Rahim Khan, Resident of VillageRanipur, P.S.- Kothi, District- Gaya. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Md. Javed Jafar Khan, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 22.07.2017 in connection with Amas P.S. Case No. 45 of 2017 for the alleged offences under Sections 365, 506, 504 and 34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated only to put pressure in the backdrop of Complaint Case No. 299 of 2012 filed by the informant's daughter under Section 498A IPC against the petitioners. It is submitted that the petitioner no. 1 is the husband of the informant's daughter and the father of the informant's grand daughter and as such the question of kidnapping does not arise. Except Complaint Case No. 499 of 2012 the petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court Cr.Misc. No.45348 of 2017 (3) dt.17-10-2017 satisfaction of Sri G.N. Dubey, learned Judicial Magistrate Ist Class, Sherghati at Gaya in connection with Amas P.S. Case No. 45 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T