Md. Iliyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60262 of 2018 Arising Out of PS. Case No.-121 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== Md. Iliyas, S/o Late Md. Nakchhedi, Resident of Village- Sirha, Tola Ramnagar, P.S. Sour Bazar, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sour Bazar P.S. Case No. 121 of 2018 registered for the offences punishable under Sections 366A and 34 of the Indian Penal Code.

Informant alleged that petitioner along with other co-accused entered in his house and tied him and his wife on the point of pistol and kidnapped his minor daughter Kajal Khatoon. It has been further stated that on earlier occasion petitioner along with other co-accused persons had kidnapped his daughter who was recovered during investigation.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to enmity and dirty village politics. There is general and omnibus allegation against this petitioner. There is no specific allegation of any overt act against

Patna High Court Cr.Misc. No.60262 of 2018(3) dt.12-10-2018 2/2 the petitioner. He has no criminal antecedent and he is in custody since 13.07.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Sour Bazar P.S. Case No. 121 of 2018 subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case case diary, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/ManojU T