Patna High CourtCR. MISC./6665/2017bail granted

Md. Nazim @ Md. Nazim Hussain v. The State Of Bihar

2017-02-15Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6665 of 2017 Arising Out of PS.Case No. -66 Year- 2016 Thana -AWADPUR District- KATIHAR ====================================================== Md. Nazim @ Md. Nazim Hussain, Son of Md. Arzaque Hussain, resident of village - Maltipur, P.S. Abadpur, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-02-2017 Heard learned counsels for the petitioner and the State.

The petitioner, who is in custody, seeks bail in connection with Abadpur P.S.Case No. 66 of 2016 registered under Sections 384 and 376/34 of the Indian penal Code. Allegation in brief is that the petitioner, for the first time, made sexual contact with the informant's daughter two and half years ago and since then he used to sexually exploit her and when she became pregnant then she disclosed about the incidence. It is submitted that the girl is major and as per medical report, the doctor has found her age 17-18 years and it was a consensual sexual relationship and when the petitioner declined to marry then this case was lodged and when the petitioner came to know about lodging of FIR against him, he

Patna High Court Cr.Misc. No.6665 of 2017 (2) dt.15-02-2017 2/2 surrendered on 22.12.2016 and he is in custody since then and has no criminal antecedent.

Learned counsel appearing on behalf of the informant submits that the girl, in her statement recorded under Section 164 Cr.P.C., supported the case.

Having considered the aforesaid facts and circumstances, the petitioner, named above, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Katihar in connection with Abadpur P.S. Case No. 66 of 2016 with condition that one of the bailors shall be a close relative of the petitioner. The petitioner shall present before the court below on each and every date and if he fails to appear on two consecutive dates, without sufficient cause, his bail bond shall be liable to be cancelled. (Arun Kumar, J) Sujit/- U