Md. Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22790 of 2016 Arising Out of PS.Case No. -152 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Md. Aslam son of Md. Shafiullah, resident of village- Bazar Belwa, P.S.- Sathi, District- Bettiah.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kumar Goutam, Advocate For the Opposite Party/s : Mr. Uma Nath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under sections 363 and 366A of the Indian Penal Code. The victim in her statement recorded under Section 164 Cr.P.C. has stated that she went with the petitioner to Haryana out of her own freewill and lived there for 2-3 days and thereafter, she came back to Patna. She further states that no one had kidnapped her.

In the facts and circumstances stated above, considering the statement of the victim girl and further considering the detention of the petitioner, now he is directed to be released on bail on execution of bail bond of Rs.10,000/- (ten thousand) with

Patna High Court Cr.Misc. No.22790 of 2016 (2) dt.26-05-2016 2/2 two sureties of the like amount each to the satisfaction of M/s. Shema Eram, Judicial Magistrate, 1st Class, Patna in connection with Phulwari Sharif P.S. Case No.152 of 2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) N.H./- U T