Jabed @ Javed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60623 of 2019 Arising Out of PS. Case No.-241 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== Jabed @ Javed, S/o Kalim @ Md. Kalimuddin R/o Village/MohallaGhughari Tand, P.S.- Vishnupad, District- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Civil Lines P.S. Case No.241 of 2019, instituted for the offence under Section 365 of the Indian Penal Code.

The allegation in the FIR are indicating the offence against the husband of the victim who is traceless, namely, Anil. The victim's SIM was recovered from the petitioner's mobile and on suspicious, he has been taken into custody. From the order of the Court below rejecting the petitioner's prayer for bail, it is apparent that in para 28 of the case diary, it has been disclosed that petitioner is using the SIM which he had found in a train which has now been lost. He has

Patna High Court CR. MISC. No.60623 of 2019(3) dt.20-11-2019 2/3 specifically said that he did not complain regarding the said loss as the same was stolen which suggests on such suspicious, he has been ropped in the instant criminal case. It is submitted that petitioner has no criminal antecedents and he is young boy about 19 years old and he is in custody since17.06.2019.

Learned APP for the State opposed the prayer for bail. Having considered the rival submissions of the parties and the fact that apart from the petitioner's statement in para 28 of the case diary, nothing in the investigation to suggest the petitioner's involvement in the crime, therefore, the prayer for 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 Chief Judicial Magistrate, Gaya, in connection with Civil Lines P.S. Case No.241 of 2019, subject to the following conditions :- (i) That 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 the petitioner. The bailor will also undertake to inform the Court, if there is any change in the

Patna High Court CR. MISC. No.60623 of 2019(3) dt.20-11-2019 3/3 address of the petitioner.

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

(Madhuresh Prasad, J) sanjeev/- U T