Md. Niaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24782 of 2016 Arising Out of PS.Case No. -151 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Md. Niaz son of Md. Aslam resident of village Khatopur, P.S. Muffasil, District Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 06-06-2016 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Md. Arif, learned A.P.P. for the State. The petitioner seeks bail in Begusarai Town P.S. Case No. 151 of 2016 dated 31.03.2016 instituted under Sections 363/366A/120B/341 of the Indian Penal Code and 4/6 of the Protection of Children from Sexual Offences Act, 2012. The allegation against the petitioner is that he, along with four others, had abducted the minor daughter of the informant at gun point.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.24782 of 2016 (2) dt.06-06-2016 2/2 girl is not a minor and that she had gone away with another coaccused on her own volition to various places including Bangalore which is reflected from her statement, after recovery, before the Court under Section 164 of the Code of Criminal Procedure, 1973. It is submitted that the petitioner, having clean antecedent, is in custody since 01.04.2016.

Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judgecum-Special Judge, POCSO Act, Begusarai in Begusarai Town P.S. Case No. 151 of 2016.

The petitioner shall cooperate in the trial and failure to do so shall lead to cancellation of his bail bonds. (Ahsanuddin Amanullah, J) Anjani/- U T