Akabar Ali @ Bade Mia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75066 of 2019 Arising Out of PS. Case No.-258 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

Akabar Ali @ Bade Mia S/o Shamshuddin Mia Resident of VillageKhurmabad, P.S.- Siwan Muffasil, District- Siwan, at present resident of village- Udant Rai ke Bangra, P.S.- Thawe, District- Gopalganj. 2.

Nagma @ Nagma Mahak Naaz D/o- Shamshuddin Mia Resident of VillageKhurmabad, P.S.- Siwan Muffasil, District- Siwan, at present resident of village- Udant Rai ke Bangra, P.S.- Thawe, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Siwan Mufassil P.S. Case No. 258 of 2019 registered for the offence punishable under Sections 363 and 366(A)/34 of the Indian Penal Code.

Petitioners along with eight other named accused persons are said to have kidnapped minor daughter of the informant while she had stepped out of her house for dumping garbage in the wee hour.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.75066 of 2019(2) dt.22-11-2019 2/2 petitioners that the petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in this case as they happen to be brother and sister of accused Raunak. Victim in her statement recorded under Section 164 Cr.P.C. has candidly stated that she was kidnapped by Raunak and Sahil to Delhi and was kept in a room. She has not named the petitioners in the occurrence of her kidnapping. Petitioners have no criminal antecedent.

On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. Siwan in connection with Siwan Mufassil P.S. Case No. 258 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T