Salam @ Abu Salam @ Md. Salam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65774 of 2018 Arising Out of PS. Case No.-1348 Year-2011 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Salam @ Abu Salam @ Md. Salam, Son of Late Panuruddin Resident of Village - Lalbari, P.S. Pothia Distt. - Kishanganj ... ... Petitioner/s

Versus

1. The State of Bihar

2. Md. Saidul Haque, Son of Md. Ismail Choudhary, Resident of Village - Lal Bari P.S. Pothia Distt. - Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 365 of the Indian Penal Code.

The impugned order reveals that the learned Sessions Judge, Kishanganj has refused anticipatory bail only for the reason that the petitioner was not appearing in the case since long.

So far merits of the case is concerned, allegation is of abduction of father of the complainant and others for the purpose of getting fictitious document to grab the land of the complainant.

Patna High Court Cr.Misc. No.65774 of 2018(3) dt.09-01-2019 2/2 Submission is that both sides are agnates and for land dispute, false case has been lodged.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Complaint Case No. 1348 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T