Md. Nanhe @ Nanhe v. The State Of Bihar

Patna High Court Cr.Misc. No.14927 of 2018 (2) dt.15-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14927 of 2018 Arising Out of PS.Case No. -387 Year- 2017 Thana -BAKHTIARPUR District- SAHARSA ====================================================== Md. Nanhe @ Nanhe, Son of Late Qayyum Shah, Resident of VillageRanibagh, Police Station- Bakhtiyarpur, District- Saharsa. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-03-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Bakhtiyarpur PS Case No. 387 of 2017 (Pocso 49 of 2017) registered under Sections 366A/34, 363, 376 of the IPC and Sections 4 * 8 of the Pocso Act. It is submitted that the FIR was instituted by the victim herself and for almost a fortnight no case was instituted by any of the family members, she has given a entire different story in her statement recorded under Section 164 Cr.P.C., the medical Board has not found any sign of sexual assault and the petitioner is in custody since 7.11.2017.

Having considered the said facts and circumstances, the petitioner, namely, Md. Nanhe @ Nanhe is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of lst Additional Sessions Judge -cum- Special Judge Saharsa in connection with Bakhtiyarpur PS Case No. 387 of 2017 (Pocso 49 of 2017). Snkumar/- (Arun Kumar, J.) U T