Patna High CourtCR. MISC./1066/2019bail granted

Julfikar Ali Bhutto @ Majhil v. The State Of Bihar

2019-02-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1066 of 2019 Arising Out of PS. Case No.-24 Year-2018 Thana- MAHILA PS District- Aurangabad ====================================================== Julfikar Ali Bhutto @ Majhil Son of Md. Asalam Ansari @ Salaman Ansari Resident of Village- Dhanav, P.S. Jamhore, District- Aurangabad. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Singh For the Opposite Party/s :

Mr.Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Aurangabad P.S. Case No. 24/2018, instituted for offences under Section(s) 342, 376, 420 of the Indian Penal Code read with Section 4 of POCSO Act. It is alleged in the written report that on the date of occurrence petitioner took the informant inside his shop and after putting down the shutter made physical relationship with her. It is further alleged that informant was in love with petitioner for the last 3 to 4 months and they had met several times during that period but they established physical relationship for the first time.

Victim has been medically examined. Medical report of victim is enclosed as Annexure-2, wherein doctor has found

Patna High Court Cr.Misc. No.1066 of 2019(2) dt.06-02-2019 2/2 no any injury on any part of body of informant. Doctor has mentioned the age of victim to be 17 years.

In such circumstances, from the written report itself it appears that both petitioner and informant were having love affairs.

Petitioner is in custody since 23.08.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge (POCSO), Aurangabad in connection with Aurangabad P.S. Case No. 24/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T