Md. Imran v. The State Of Bihar

Patna High Court Cr.Misc. No.1773 of 2017 (2) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1773 of 2017 Arising Out of PS.Case No. -224 Year- 2016 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Md. Imran, son of Md. Manzoor.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Surajgarha P.S. Case No. 224 of 2016 registered under Sections 364 and 328/34 of the Indian Penal Code and Section 2/8 of the POCSO Act.

The accusation is of kidnapping of daughter of informant by this petitioner with the help of his brother, Md. Arman due to non-compromise of Surajgarha P.S. Case No. 130 of 2016, which was instituted by the informant regarding committing rape on her by Md. Manzoor, father of the petitioner. Learned counsel for the petitioner submits that petitioner and the informant are next door neighbour and he has falsely been implicated in this case due to ulterior motive.

Patna High Court Cr.Misc. No.1773 of 2017 (2) dt.19-01-2017 Moreover, the statement of the victim was recorded, under Section 164 Cr.P.C., in which, she stated that the present case has been lodged unnecessary on the instruction of her mother and she moved from her house according to her sweet will and also performed marriage (Nikah) with Manzoor Alam. It is further submitted that petitioner has no criminal antecedent and is in custody since 21.09.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum-Special Judge POCSO, Lakhisarai, in connection with Surajgarha P.S. Case No. 224 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T