Abdul Sakur Ansari @ Sakur Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71123 of 2019 Arising Out of PS. Case No.-301 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.
ABDUL SAKUR ANSARI @ SAKUR MIYAN Son of Abdul Hakim Ansari Resident of Village - Minapur Centre, P.S.- Minapur, Dist.- Muzaffarpur. 2.
Abdul Hakim Ansari @ Hakim Ansari @ Hakim Miyan Son of Late Thaga Miyan Resident of Village - Minapur Centre, P.S.- Minapur, Dist.- Muzaffarpur.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Anand, Advocate For the Opposite Party/s :
Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners in this case are seeking anticipatory bail in connection with Minapur P.S. Case No. 301 of 2019 registered for the offences punishable under Sections 327, 506/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners have been implicated in this case by concocting a story that the marriage of the son of petitioner no. 1 was fixed with the daughter of the informant on 08.06.2019 but on 30.05.2019 these petitioner had gone to his house and demanded a sum of Rs. 1 lac, failing which the marriage shall not be solemnized. It is submitted that in fact the son of petitioner no. 1
Patna High Court CR. MISC. No.71123 of 2019(2) dt.18-12-2019 2/3 was kidnapped allegedly by the informant of this case for which a complaint case has been lodged on 10.06.2019 in the court below and the present case has been lodged on 16.06.2019 by the informant. It is submitted that the son of petitioner no. 1 is still traceless and the police case against the informant is pending investigation.
Learned APP for the State has opposed the prayer of anticipatory bail.
Considering the facts and circumstances of the case wherein learned counsel for the petitioner has submitted that the minor son of petitioner no. 1 was kidnapped allegedly by the informant of this case for which the petitioner no. 1 lodged a complaint case in the court below on 10.06.2019 itself, the boy is still traceless and the present case has been lodged by the informant on 16.06.2019 by making out a false and concocted story that the marriage of the son of the petitioner no. 1 was fixed with the daughter of the informant on 08.06.2019 but on 30.05.2019 these petitioners had gone to his house and demanded a sum of Rs. 1 lac failing which the marriage shall not be solemnized, in the nature of the submissions and the materials placed before this court and the fact that the son of petitioner no. 1 is still traceless and the police case against the
Patna High Court CR. MISC. No.71123 of 2019(2) dt.18-12-2019 3/3 informant is pending investigation and during this period the present FIR has been lodged against these petitioners, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today in connection with Minapur P.S. Case No. 301 of 2019 be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T