Md. Hussnain v. Shahid @ Abdullah

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 23-01-2013 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366 and 366A/34 of the Indian Penal Code. The accusation is of kidnapping the daughter of the informant. In 164 Cr.P.C. statement the victim has alleged that four persons kidnapped when from the conversation she gathered the name of Shahid @ Abdullah and Monaj. It is submitted on behalf of petitioner Md. Patna High Court Cr.Misc. No.41707 of 2012 (3) dt.23-01-2013 Hussnain that he has not been even named by the victim in 164 Cr.P.C. statement when it is claimed by petitioner Shahid @ Abdullah that the victim has married with him and due to the pressure of family she gave tutored statement under 164 Cr.P.C. statement. Considering the statement of the victim, this Court is not inclined to grant anticipatory bail to petitioner Shahid @ Abdullah. Accordingly, his application is dismissed. Since there is no specific accusation against the petitioner Hussnain, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj in connection with Gopalganj P.S. Case No. 170 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.)