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Md. Ataul @ Mohammad Ataul @ Ataur Rahman v. The State of Bihar

Patna HC16 Jul 2019CR. MISC./21506/2019

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioner, apprehending arrest for kidnapping and related offences. The petitioner submitted claims of false implication and lack of corroboration. The High Court ordered bail subject to conditions including bond amount, presence in court, and cooperation with investigation.

What did the court decide?

Petitioner released on bail on Rs. 10,000 bond with two sureties subject to conditions under CrPC Section 438(2).

Md. Ataul @ Mohammad Ataul @ Ataur Rahman Vs The State of… — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21506 of 2019

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Arising Out of PS. Case No.-160 Year-2018 Thana- WARISNAGAR District- Samastipur

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======================================================

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Md. Ataul @ Mohammad Ataul @ Ataur Rahman, Male aged about 48 years, Son of Late Abdul Karim Bax Resident of Village-Milki, P.S.- Warisnagar, District - Samastipur.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party : Mr.Jitendra Kr. Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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4 16-07-2019

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner apprehends his arrest for the offences alleged under Sections 363, 366 and 366(A)/34 of the Indian Penal Code registered in connection with Warisnagar P.S. Case No. 160 of 2018.

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It is submitted that the petitioner has been falsely implicated as the accusations are not corroborated by the statement of the victim girl recorded under Section 164 of the Cr.P.C. in which she has specifically named Ishrat Parween along with Lata and latter’s son Gulab Jamun who is said to have kidnapped her and taken her to Hyderabad. The petitioner claims clean antecedents.

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Be that as it may, in the event of the petitioner’s arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 160 of 2018, subject to the conditions as laid down

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Patna High Court CR. MISC. No.21506 of 2019(4) dt.16-07-2019 2/2

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under Section 438 (2) of the Cr.P.C. and with further conditions --

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(i) That one of the bailors shall be a close relative of the petitioner.

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(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

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(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

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(iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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(Vikash Jain, J)

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BT/-

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U T

Md. Ataul @ Mohammad Ataul @ Ataur Rahman v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Ataul @ Mohammad Ataul @ Ataur Rahman v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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