Samshad @ Samshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67322 of 2018 Arising Out of PS. Case No.-207 Year-2017 Thana- JOKIHAT District- Araria ====================================================== Samshad @ Samshad Alam Son of Md. Yunus, @ yunus Resident of VillageThengapur, P.S. Jokihat, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Firoz Ahmad For the Opposite Party/s :

Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Jokihat P.S. Case No. 207 / 17 registered for the offences punishable under Sections 341/363/366A/34 of the Indian Penal Code.

Informant has alleged that his son and daughter were kidnapped by the petitioner.

However, subsequently, they were recovered and in their statement, they have stated that they have not been kidnapped but had gone out of the house because of the torture committed by their step-mother. Petitioner has got no criminal antecedent and is in custody since 25.07.2018. It has further been stated that misunderstanding between the parties have been clarified and dispute settled and grievance has been

Patna High Court Cr.Misc. No.67322 of 2018(3) dt.30-11-2018 2/2 addressed and they have filed a compromise petition in the court below as contained in Annexure 4.

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 Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 207/2017, after verifying the fact that the matter has been compromised between the parties, 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) Sanjay/- U T