Patna High Court - Orders
Md. Asif vs The State Of Bihar on 21 June, 2019
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37961 of 2019
Arising Out of PS. Case No.-110 Year-2019 Thana- SUPAUL District- Supaul
======================================================
Md. Asif Son of Md. Mazzo, Resident of Village- Chakla Nirmalli (Ward no.-
6), P.S. and District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Jha
For the Opposite Party/s : Mr.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
2 21-06-2019Heard both sides.
The petitioner apprehends his arrest in Supaul P.S. Case No.110 of 2019 registered under Sections 366(A) and 34 of the Indian Penal Code.
The informant lodged the present case for kidnapping of his sister and alleged that during the course of search, the witnesses saw Md. Gabbar son of Md. Islam taking the sister of the informant on a motorcycle. The informant further suspected that the petitioner Md. Asif being a friend of Md. Gabbar might have helped Md. Gabbar in kidnapping the sister of the informant.
Learned counsel for the petitioner submits that there is no material to support the suspicion of the informant.
From perusal of the order of learned Sessions Judge, it Patna High Court CR. MISC. No.37961 of 2019(2) dt.21-06-2019 2/2 would appear that the witness in para 4 of the case-diary saw Md. Gabbar taking the victim on a motorcycle. Nobody saw the petitioner either along with Md. Gabbar or with the victim.
Having considered the facts that only suspicion is raised against the petitioner although the witnesses saw Md. Gabbar with the sister of the informant on a motorcycle, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in connection with Supaul P.S. Case No.110 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/-
U T