Md. Allauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65137 of 2018 Arising Out of PS. Case No.-270 Year-2017 Thana- MINAPUR District- Muzaffarpur ====================================================== Md. Allauddin Son of Md. Wajul Resident of Village- Turki Darji Tola, P.S. Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for the parties.

Earlier bail petition of petitioner was rejected vide Annexure-1 with liberty to renew his prayer for bail after framing of charge. It has been submitted that the charge has already been framed.

Petitioner seeks bail in Sessions Trial No. 461 of 2018 arising out of Minapur P.S. Case No. 270 of 2017 registered for the offence punishable under Sections 364 and 302 of the Indian Penal Code.

Informant in his written complaint has stated his son while playing in front of his house became traceable and after much search he was not found. The Informant has dispute with his brother and Bhabhi and he has suspected that they would have kidnapped his son.

Patna High Court Cr.Misc. No.65137 of 2018(2) dt.31-10-2018 2/2 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner is the own brother of the Informant. Petitioner has got no criminal antecedent and is in custody since 28.04.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 14th Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial No. 461 of 2018 arising out of Minapur P.S. Case No. 270 of 2017, with following 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 represented on each and every date fixed by the court.

(3) 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.

(S. Kumar, J) ranjan/- U