Md. Gulam Sah @ Gulam Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65872 of 2019 Arising Out of PS. Case No.-218 Year-2019 Thana- GOGRI District- Khagaria ====================================================== 1.

MD. GULAM SAH @ GULAM SAH Son of Md Mustafa Sah Resident of Village - Ward No. 16, Sah Nagar, Jamalpur, Gogri, P.S.- Gogri, Distt - Khagari.

2.

Md. Sabbir Sah Son of Md. Mustafa Sah Resident of Village - Ward No. 16, Sah Nagar, Jamalpur, Gogri, P.S.- Gogri, Distt - Khagari. 3.

Md. Mustafa Sah @ Mustafa Sah Son of Late Jamir Sah Resident of Village - Ward No. 16, Sah Nagar, Jamalpur, Gogri, P.S.- Gogri, Distt - Khagari. 4.

Md. Kismat Sah @ Md. Kismat @ Kismat Sah Son of Md. Mustafa Sah Resident of Village - Ward No. 16, Sah Nagar, Jamalpur, Gogri, P.S.- Gogri, Distt - Khagari.

5.

Md. Sarpharaj Sah @ Sarpharaj Sah @ Md. Sarphraj Son of Md. Mustafa Sah Resident of Village - Ward No. 16, Sah Nagar, Jamalpur, Gogri, P.S.- Gogri, Distt - Khagari.

6.

Md. Bechni Khatun @ Bechni Khatun Wife of Md Mustafa Sah Resident of Village - Ward No. 16, Sah Nagar, Jamalpur, Gogri, P.S.- Gogri, Distt - Khagari.

7.

Md. Saro Khatun @ Sabroon Khatun @ Saro Khatun D/o Md. Mustafa Sah Resident of Village - Ward No. 16, Sah Nagar, Jamalpur, Gogri, P.S.- Gogri, Distt - Khagari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Bhushan For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-11-2019 Let the supplementary affidavit filed on behalf of the petitioners be kept on the record.

Heard the parties.

The petitioners apprehend their arrest in connection with Gogri P.S. Case No.218 of 2019/G.R. No.1859 of 2019 registered

Patna High Court CR. MISC. No.65872 of 2019(2) dt.05-11-2019 2/2 under Sections 366/34 of the Indian Penal Code. The accusation is that all the F.I.R. named accused including the petitioners kidnapped the wife of the informant and the wife of the brother of the informant from the house. Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. having hand in the kidnapping of the wife of the informant and the wife of the brother of the informant but the wife of the informant and the wife of the brother of the informant in their statement, recorded under Section 164 of the Code of Criminal Procedure, disclosed the name of one F.I.R. named accused Md. Jabir and one Ibram and they have not whispered anything against the petitioners and other F.I.R. named accused.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Gogri P.S. Case No.218 of 2019/G.R. No.1859 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S.