Md. Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74665 of 2018 Arising Out of PS. Case No.-165 Year-2018 Thana- DESARI District- Vaishali ====================================================== Md. Arif, Son of Md. Khalique, Resident of Village- Naya Tola, Islampur, Police Station- Mahnar, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Desri (Chandpura O.P.) P.S. Case No. 165/2018, instituted for offences under Section(s) 363, 365 and 366(A) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that name of this petitioner has come merely on suspicion. It is alleged in the written report that informant used to reside in Delhi and her daughter Nagma Khatoon was residing with her maternal grandmother at Vaishali. She was student of Class 10th . On the date of occurrence, informant got information on mobile that her daughter had gone to school but she did not return. In spite of search, daughter of informant could not be traced out. The informant raised suspicion against this petitioner. Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.74665 of 2018(3) dt.11-01-2019 2/2 earlier marriage of daughter of informant was fixed with this petitioner. But daughter of informant did not marry with this petitioner stating that petitioner is of short height. Thereafter she went somewhere after performing marriage with another boy. Case diary has been received in this case.

Charge-sheet has already been submitted in this case. The girl has not been recovered.

In the case diary there is no allegation of specific overt act against this petitioner.

Petitioner is in custody since 14.09.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IInd, Vaishali at Hajipur in connection with Desri (Chandpura O.P.) P.S. Case No. 165/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T