Md. Masud Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27731 of 2015 Arising Out of PS.Case No. -252 Year- 2014 Thana -SALKHUA District- SAHARSA ====================================================== Md. Masud Alam, son of Md. Masuk, resident of village-Sarbela, P.S.- Salkhua (O.P.-Banma Itahari), District- Saharsa. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Maharaj, Advocate For the Opposite Party/s : Mr. T.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 05-08-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 354A, 363, 376, 379, 420, 120B, 504 of the Indian Penal Code and Section 3 of POCSO Act. The allegation is that on 23.09.2014, 17 years old daughter of the informant was ravished by the accused Mohammad. Subsequently, it was decided in the Panchayati that Mohammad would marry with the victim, but thereafter, Mohammad left the State and offered Rs.1 lac. It is alleged that the petitioner along with Md. Ali Hasan on 09.11.2014 tried to outrage the modesty of the daughter of the informant and took away her ornaments.

It is submitted by learned counsel for the petitioner that for the occurrence of 23.09.2014 and 9.11.2014, a complaint case

Patna High Court Cr.Misc. No.27731 of 2015 (2) dt.05-08-2015 2/2 was lodged on 17.11.2014 and on that basis, the FIR was lodged on 7.12.2014 and the investigation has already concluded. In similar facts and circumstances, the co-accused Md. Ali Hasan has been granted bail vide Cr. Misc. No.27159/2015. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, Saharsa in POCSO Case No.29/2014 arising out of Salkhua P.S. Case No.252/2014 with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T