Md. Shakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79993 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- BALIA BELON District- Katihar ====================================================== MD. SHAKIR, Son of Late Yasin, Resident of Kurum Sabanpur, P.S.-Balia Belon, District - Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366(A) of the Indian Penal Code.

Informant in his written complaint has stated that he married Sabana Khatoon in the year 2015 and it is alleged that when she was in her paretnal home with her child, petitioner enticed her away and she fled away with petitioner along with cash of Rs.60,000/- and her ornaments.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. The victim is major and she had gone with the petitioner on her own volition and she was neither kidnapped nor enticed. Petitioner is in custody since 02.02.2019.

Patna High Court CR. MISC. No.79993 of 2019(2) dt.09-12-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Baliya Belon P.S. Case No. 50 of 2019, 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) Sanjay/- U T