IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30221 of 2010 MANEER AHMAD Versus STATE OF BIHAR ----------- 5 22.11.2010 Heard counsel for the petitioner and the State as well as counsel appearing on behalf of the informant. The petitioner is an accused in a case under sections 364/34 of the Penal Code. It is alleged by the informant that on 12.3.2010 his son Abdul Kalam reached Delhi from Oman and from there he called one Noor Saba, wife of Sadar Ali, with whom he was having love affairs since long and expressed his desire to perform Nikah with her. It is further alleged that the accused Nazeer Ahmad went to Delhi and brought Abdul Kalam and Noor Saba to village Chouki Hasan on 23.4.2010 by Vaishali Express. It is alleged that his son Abdul Kalam contacted with him on his mobile on 25.5.2010 from village Chouki Hasan and thereafter he was not able to talk to his son. On query the petitioner, his brother Wazir Ali and Nazeer Ali informed that Abdul Kalam and Noor Saba both escaped from the village. Counsel for the petitioner submits that there is no direct evidence up till now that Abdul Kalam has been killed. He further submits that for that matter even Noor Saba is also traceless and in any view of the matter, the main allegation would be against accused Nazeer Ahmad. He submits that up till 2 KHAN now the investigation does not reveal the whereabout of either Abdul Kalam or Noor Saba and the petitioner is in custody since 19.5.2010. Counsel for the informant submits that all the three brothers namely the petitioner, Nazeer Ahmad and Wazir Ahmad have kidnapped the informant’s son Abdul Kalam. Considering the facts and circumstances of the case and in view of the fact that the main allegation is against accused Nazeer Ahmad, the petitioner Maneer Ahmad is directed to be released on bail in connection with Barharia (G.B.Nagar) P.S. Case No.45 of 2010 on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan. (S.P.Singh,)