Naushad Alam @ Md. Nausad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50302 of 2018 Arising Out of PS.Case No. -325 Year- 2017 Thana -BANMANKHI District- PURNIA ======================================================

1. Naushad Alam @ Md. Nausad, son of Moiuddin,

2. Md. Soukat, son of Siraj, both resident of village- Pipra Bisanpur P.S.- K. Nagar, Distt. Purnea,

3. Md. Sahjad @ Sahjad, son of Md. Afjal, resident of village- Bhokraha, P.S.- K. Nagar, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 21-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Banmankhi P.S. Case No.325 of 2017 instituted for the offence under Section(s) 363, 366-A/34 Indian Penal Code.

Counsel for the petitioners submits that in the written report there is specific allegation that the girl has gone somewhere with Afzal. These petitioners are family members of Afzal.

In the written report, there is no specific allegation against the petitioners.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.50302 of 2018 (2) dt.21-08-2018 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Banmankhi P.S. Case No.325 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper 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 petitioners. (Sanjay Priya, J) JA/- U T