IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23339 of 2011
Mokhtar Mansury
Versus
The State Of Bihar
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02. 05.08.2011 Heard learned counsel for the petitioner
and learned Additional Public Prosecutor for the
State.
The petitioner, apprehends his arrest in
connection with Chhauradano P.S. Case No.
05/2009 for the offences under Sections 364(A), 34
of the Indian Penal Code, is named accused in this
case instituted against unknown relating to
abduction of son of the informant who in his
statement under Sections 161 and 164 of the Code
of Criminal Procedure did not disclose name of the
petitioner.
Submission is that in the extra judicial
confession of co-accused petitioner’s name emerged
without any otherwise allegation. However, parties
have compromised the case and no longer intend to
proceed against the petitioner.
Considering the facts and circumstances,
if any compromise petition is on record and the
informant appears to support the factum of
compromise with his freewill and consent without
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any coercion and also stood as one of the bailors, in
the event of his arrest or surrender within a period
of four weeks, let the above-named petitioner be
enlarged on bail on furnishing bail bond of sum of
Rs. 10,000/- (ten thousand only) with two sureties
of the like amount each to the satisfaction of
S.D.J.M., Raxaul, at Motihari, East Champaran, in
connection with Chhauradano P.S. Case No.
05/2009, subject to condition under section 438(2)
of the Code of Criminal Procedure, and additional
condition to attend the court regularly at least for
two years or till disposal of the case, whichever is
earlier and in the event of failure on two consecutive
dates, without any reasonable explanation, the
privilege granted shall be deemed to be cancelled.
Rajeev/ ( Akhilesh Chandra, J.)