Saheb Alam @ Md. Saheb Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34285 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -ANGADH District- PURNIA ======================================================

1. Saheb Alam @ Md. Saheb Alam, S/o Kamruzzama, Resident of Village- Pirgachhi, Kauji Angadh Hat, P.S. Angadh, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Angadh Police Station Case No. 02 of 2018, disclosing offences under Sections 354(A), 363, 366(A), 511, 341, 323, 504, 506/34 of the Indian Penal Code.

Allegation is of trying to commit kidnapping of niece of informant.

Submission of learned counsel for the petitioner that he is not named in the F.I.R and has falsely been made accused in this case and the F.I.R itself shows that co-accused Madhav Kumar Das and other three accused persons had tried to kidnap the niece of the informant. It has also been submitted that name of the petitioner surfaced on the restatement of the informant and he has been made accused only on the basis of suspicion. Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.34285 of 2018 (3) dt.31-07-2018 2/2 circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Judicial Magistrate - 1st Class, Purnea, in connection with Angadh Police Station Case No. 02 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is further subject to the condition that:- I.

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

II.

The petitioners shall cooperate in the investigation and make himself available as and when required by the police and on the event on failure of his part to appear before the police on two consecutive dates, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T