Riyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85879 of 2019 Arising Out of PS. Case No.-309 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== RIYAZ ALAM Son of Jangilat Miyan Resident of Village - Radhiya, P.S. - Govindganj, Distt - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 363, 365, 366A and 504 of the Indian Penal Code.

Informant in his written complaint has alleged that on 20.09.2019 at about 9:00 am her minor daughter went with Jehana Khatoon and became traceless and even after much search she could not be traced. During the course of search he came to know that her daughter was seen with accused Jehana Khatoon, Fatima Khatoon, Riyaz Alam(petitioner) and Neyaz Alam and when on 24.09.2019 at about 10:00 am he went to Jangilat Mian to ask about the whereabouts of his daughter then Jangilat Mian along with FIR named accused got infuriated and

Patna High Court CR. MISC. No.85879 of 2019(2) dt.17-01-2020 2/3 Jehana Khatoon said that petitioner took away her daughter. The statement of the victim girl was recorded under Section 164 of the Cr.P.C in which she has stated that she is having love affair with petitioner and she had gone with the petitioner out of her own volition and sweet will. Petitioner has got no criminal antecedent and is in custody since 02.10.2019. Learned counsel for the Informant vehemently opposes the prayer for bail.

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 Govindganj P.S. Case No. 309 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.85879 of 2019(2) dt.17-01-2020 3/3 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