Patna High CourtCR. MISC./45327/2017bail granted

Bablu Mia @ Md.Bablu Mian @ Md. Bablu v. The State Of Bihar

2017-09-20Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45327 of 2017 Arising Out of PS.Case No. -66 Year- 2011 Thana -MADHEPURA District- MADHEPURA ====================================================== BABLU MIA @ MD.BABLU MIAN @ MD. BABLU Son of Md. Ismail Resident of village- Fango, P.s.- Mamsi, District- Khagaria ... Petitioner

Versus

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

For the Petitioner : Mr. Nafisuzzoha, Advocate For the Opposite Party : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence under sections 364A/ 34 of the IPC. Allegation against the petitioner is of kidnapping of informant's son for ransom. Counsel for the petitioner submits that the victim in his 164 Cr.P.C. statement has not named the petitioner who is in custody since 16.6.2017. Charge sheet has also been submitted in the case, as such, there is no chance of tempering with the evidence. Prior to the instant case, one another case is pending against him in which he is on bail.

In view of the aforesaid submissions, let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in Madhepura Police Station Case No. 66 of 2011 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform

Patna High Court Cr.Misc. No.45327 of 2017 (2) dt.20-09-2017 the court if there is any change in the address of the petitioner. (b) The petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(c) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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