Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10914 of 2018 Arising Out of PS.Case No. -379 Year- 2017 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Md. Saddam, Son of Sirajuddin @ Md. Sirajuddin, Resident of MohallaSamapura, (Raja Bazar), P.S.- Shastri Nagar, Distt- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Girish Singh For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Shastri Nagar P.S.Case No.379 of 2017 registered for offences punishable under Sections 363 and 366 of the Indian Penal Code. Allegation against the petitioner is of abduction of the daughter of the informant.

Submission of the learned counsel for the petitioner is that the statement of the girl recorded under Section 164 Cr.P.C., shows that she had gone on her own sweet-will with the petitioner and no other allegation has been alleged against the petitioner and she is major.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.10914 of 2018 (2) dt.27-02-2018 2/2 circumstances, as stated above , let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Manish Kumar, J.M. Ist Class, Patna in connection with Shastri Nagar P.S.Case No.379 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U