Patna High CourtCR. MISC./9828/2019bail granted

Aaras Mian v. The State Of Bihar

2019-04-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9828 of 2019 Arising Out of PS. Case No.-323 Year-2018 Thana- LAURIA District- West Champaran ====================================================== AARAS MIAN, S/o Langad Mian, R/o Village - Islam Tola , P.S - Lauria, District - West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 342, 447, 354B, 379 of the Indian Penal Code and Section 8 of the POCSO Act. The entire allegation is based on the statement of the daughter of the informant that this petitioner had committed sexual assault against her as well as theft of cash from the house.

Submission is that the victim was not examined, during investigation, under Section 164 Cr.P.C. or under Section 161 Cr.P.C. Subsequently, the informant has compromised the case.

Considering the facts aforesaid as well as the fact that the petitioner is in custody since 11.12.2018 and investigation of

Patna High Court CR. MISC. No.9828 of 2019(4) dt.30-04-2019 2/2 the case is complete against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Lauria Police Station Case No. 323 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T