Pappu @ Mahmood Nazmool Hoda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66900 of 2019 Arising Out of PS. Case No.-114 Year-2019 Thana- LAURIA District- West Champaran ====================================================== PAPPU @ MAHMOOD NAZMOOL HODA son of SK. Serfuddin Alam @ Mohammad Sarfuddin Alam, resident of village-Basawan, P.S. Basantpur, District-Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 363,365 of the Indian Penal Code. Later on Section 370 (iv) of the IPC was added. As per FIR, on 11.06.2019 at about 1 PM, the informant's daughter namely Sajida Khatoon aged about 15 years went to her school along with her friend Manisha Kumari but she did not return till evening. Then the informant made a search and found school was closed. Then the informant went to the house of Manisha Kumari then he came to know that she has also not returned her house. After that the informant made a search but no any trace was found. Then, on 16.06.2019, the
Patna High Court CR. MISC. No.66900 of 2019(3) dt.04-12-2019 2/3 informant gave information to the concerned police station. Learned counsel for the petitioner submits that the occurrence took place on 11.06.2019 and FIR was lodged on 16.06.2019 after delay of seven days. He submits that petitioner is innocent, has committed no offence and he has been falsely implicated in the case due to ulterior motive. He submits that petitioner is not named in the FIR, his name disclosed by Coaccused Asadul Ansari and nothing has been recovered from the conscious possession of the petitioner. He submits that petitioner is in judicial custody since 22.07.2019. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Bettiah, West Champaran in connection with Lauriya Police Station Case No. 114 of 2019, subject to the conditions:
(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.66900 of 2019(3) dt.04-12-2019 3/3 and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) If the 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. (Anjani Kumar Sharan, J) devendra/- U T