Nawaz Sharif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51688 of 2017 Arising Out of PS.Case No. -197 Year- 2016 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Nawaz Sharif, S/o Md. Safi Marhum, resident of village- Bantara Got, P.S.- Bajpatti, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bajpatti P.S. Case No.197 of 2016 instituted for the offence under Section(s) 363, 366-A/34 Indian Penal Code.

Counsel for the petitioner has submitted that there is specific allegation of taking away daughter of the Informant against, Md. Jaheer. Co-accused, Rashida Khatoon, is alleged to have taken the daughter of the Informant from his house. This petitioner is said to be friend of Md. Jaheer. It is merely alleged against him that he also helped Md. Jaheer in kidnapping the daughter of the Informant.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.51688 of 2017 (2) dt.09-11-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bajpatti P.S. Case No.197 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Pupari at Sitamarhi, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T